2006 New Mexico Statutes - 45-1-303 — Venue; multiple proceedings; transfer.

45-1-303. Venue; multiple proceedings; transfer.

A.     Subject to the provisions of Section 3-201 [ 45-3-201 NMSA 1978], where a proceeding under the Probate Code [this chapter] could be maintained in more than one place in New Mexico, the court in which the proceeding is first commenced has the exclusive right to proceed.   

B.     If proceedings concerning the same estate, protected person, ward or trust are commenced in more than one court of New Mexico, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and if the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.   

C.     If a court finds that in the interest of justice a proceeding or a file should be located in another court of New Mexico, the court making the finding may transfer the proceeding or file to the other court.