There is a newer version of the New Mexico Statutes
2011 New Mexico Statutes
Chapter 44: Miscellaneous Civil Law Matters
Article 9: Fraud Against Taxpayers Act, 44-9-1 through 44-9-14
Section 44-9-8: Award of attorney fees and costs to defendant.
NM Stat § 44-9-8 (1996 through 1st Sess 50th Legis) What's This?
44-9-8. Award of attorney fees and costs to defendant.
If the state does not proceed with the action and the qui tam plaintiff conducts the action, the court may award a defendant reasonable attorney fees and costs if the defendant prevails and the court finds the action clearly frivolous, clearly vexatious or brought primarily for the purpose of harassment.
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