2018 New Mexico Statutes
Chapter 36 - Attorneys
Article 2 - Regulation of Attorneys
Section 36-2-12 - Proof of authority; stay of proceedings.]

The court may, on motion of either party and on showing of reasonable grounds thereof, require the attorney for the adverse party or for any one of the several adverse parties to produce or prove by his oath or otherwise the authority under which he appears and until he does so, may stay all proceedings by him on behalf of the parties for whom he assumes to appear.

History: Laws 1909, ch. 53, § 30; Code 1915, § 357; C.S. 1929, § 9-131; 1941 Comp., § 18-111; 1953 Comp., § 18-1-11.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Order under this section does not deprive the affected party of his right to counsel of his choice. State v. Evans, 1976-NMCA-113, 89 N.M. 765, 557 P.2d 1114, cert. denied, 90 N.M. 7, 558 P.2d 619.

Failure of trial court to require proof held proper. — Where no action was or had ever been taken at any time by the board of trustees of community land grant to renounce or rescind any action taken by its attorney on its behalf, the trial court acted within its discretion in declining to require the attorney to produce further proof of his authority to represent the board of trustees. Board of Trustees v. Montano, 1971-NMSC-025, 82 N.M. 340, 481 P.2d 702.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 7A C.J.S. Attorney and Client § 170.