There is a newer version of the New Mexico Statutes
2011 New Mexico Statutes
Chapter 38: Trials
Article 2: Pleadings and Motions, 38-2-1 through 38-2-22
Section 38-2-9: Truth and mitigating circumstances in action for libel or slander.
NM Stat § 38-2-9 (1996 through 1st Sess 50th Legis) What's This?
38-2-9. [Truth and mitigating circumstances in action for libel or slander.]
In the actions mentioned in the last preceding section [repealed], the defendant may, in his answer, allege both the truth of the matter charged as defamatory and any mitigating circumstances admissible in evidence, to reduce the amount of damages, and whether he prove the justification or not, he may give mitigating circumstances in evidence.
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