There Is a Newer Version of the New Mexico Statutes
  1. 2025 N.M. Stat.
  2. 2024 N.M. Stat.
  3. 2023 N.M. Stat.
  4. 2011 N.M. Stat. (here)
  5. View All Versions
View Our Newest Version Here

2011 New Mexico Statutes
Chapter 38: Trials
Article 3: Venue; Change of Judge, 38-3-1 through 38-3-11
Section 38-3-3: Change of venue in civil and criminal cases.

Universal Citation:
NM Stat § 38-3-3 (1996 through 1st Sess 50th Legis)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

38-3-3. Change of venue in civil and criminal cases.

The venue in all civil and criminal cases shall be changed, upon motion, to another county free from exception:

A. whenever the judge is interested in the result of the case or is related to or has been counsel for any of the parties; or

B. when the party moving for a change files in the case an affidavit of himself, his agent or attorney, that he believes he cannot obtain a fair trial in the county in which the case is pending because:

(1) the adverse party has undue influence over the minds of the inhabitants of the county;

(2) the inhabitants of the county are prejudiced against the party;

(3) of public excitement or local prejudice in the county in regard to the case or the questions involved in the case, an impartial jury cannot be obtained in the county to try the case; or

(4) of any other cause stated in the affidavit.

Disclaimer: These codes may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.