NMSA 1978, § 39-7-1 Short title
39-7-1. Short title
This act [39-7-1 to 39-7-13 NMSA 1978] may be cited as the "Uniform Certification of Questions of Law Act".
Laws 1997, ch. 8, § 1.
Uniform Certification of Questions of Law
NMSA 1978 ch. 39, art. 7
in effectNMSA 1978, § 39-7-2 Definitions
39-7-2. Definitions
As used in the Uniform Certification of Questions of Law Act:
A. "state" means a state of the United States, the District of Columbia, the commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States; and
B. "tribe" means a tribe, band or village of Native Americans that is recognized by federal law or formally acknowledged by a state.
Laws 1997, ch. 8, § 2.
NMSA 1978, § 39-7-3 Power to certify
39-7-3. Power to certify
The supreme court or the court of appeals of this state, on the motion of a party to pending litigation or its own motion, may certify a question of law to the highest court of another state, a tribe, Canada, a Canadian province or territory, Mexico or a Mexican state if:
A. the pending litigation involves a question to be decided under the law of the other jurisdiction;
B. the answer to the question may be determinative of an issue in the pending litigation; and
C. the question is one for which an answer is not provided by a controlling appellate decision, constitutional provision or statute of the other jurisdiction.
Laws 1997, ch. 8, § 3.
NMSA 1978, § 39-7-4 Power to answer
39-7-4. Power to answer
The supreme court of this state may answer a question of law certified to it by a court of the United States or by an appellate court of another state, a tribe, Canada, a Canadian province or territory, Mexico or a Mexican state if the answer may be determinative of an issue in pending litigation in the certifying court and there is no controlling appellate decision, constitutional provision or statute of this state.
Laws 1997, ch. 8, § 4.
NMSA 1978, § 39-7-5 Power to reformulate question
39-7-5. Power to reformulate question
The supreme court of this state may reformulate a question of law certified to it.
Laws 1997, ch. 8, § 5.
NMSA 1978, § 39-7-6 Certification order; record
39-7-6. Certification order; record
The court certifying a question of law to the supreme court of this state shall issue a certification order and forward it to the supreme court of this state. Before responding to a certified question, the supreme court of this state may require the certifying court to deliver all or part of its record to the supreme court of this state.
Laws 1997, ch. 8, § 6.
NMSA 1978, § 39-7-7 Contents of certification order
39-7-7. Contents of certification order
A. A certification order must contain:
(1) the question of law to be answered;
(2) the facts relevant to the question, showing fully the nature of the controversy out of which the question arose;
(3) a statement acknowledging that the supreme court of this state, acting as the receiving court, may reformulate the question; and
(4) the names and addresses of counsel of record and parties appearing without counsel.
B. If the parties cannot agree upon a statement of facts, the certifying court shall determine the relevant facts and state them as part of its certification order.
Laws 1997, ch. 8, § 7.
NMSA 1978, § 39-7-8 Notice; response
39-7-8. Notice; response
The supreme court of this state, acting as a receiving court, shall notify the certifying court of acceptance or rejection of the question and, in accordance with notions of comity and fairness, respond to an accepted certified question as soon as practicable.
Laws 1997, ch. 8, § 8.
NMSA 1978, § 39-7-9 Procedures
39-7-9. Procedures
After the supreme court of this state has accepted a certified question, proceedings are governed by the rules and statutes governing briefs, arguments and other appellate procedures. Procedures for certification from this state to a receiving court are those provided in the rules and statutes of the receiving forum.
Laws 1997, ch. 8, § 9.
NMSA 1978, § 39-7-10 Opinion
39-7-10. Opinion
The supreme court of this state shall state in a written opinion the law answering the certified question and send a copy of the opinion to the certifying court, counsel of record and parties appearing without counsel.
Laws 1997, ch. 8, § 10.
NMSA 1978, § 39-7-11 Cost of certification
39-7-11. Cost of certification
Fees and costs are the same as in civil appeals docketed before the supreme court of this state and must be equally divided between the parties, unless otherwise ordered by the certifying court.
Laws 1997, ch. 8, § 11.
NMSA 1978, § 39-7-12 Severability
39-7-12. Severability
If any provision of the Uniform Certification of Questions of Law Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act that can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
Laws 1997, ch. 8, § 12.
NMSA 1978, § 39-7-13 Uniformity of application and construction
39-7-13. Uniformity of application and construction
The Uniform Certification of Questions of Law Act shall be applied and construed to effectuate its general purpose to make uniform law with respect to the subject of that act among states enacting it.
Laws 1997, ch. 8, § 13.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18539/index.doFetched: 10/20/2026