2018 New Mexico Statutes
Chapter 37 - Limitation of Actions; Abatement and Revivor
Article 1 - Limitations of Actions
Section 37-1-12 - When commencement of action stayed or prevented.]
When the commencement of any action shall be stayed or prevented by injunction order or other lawful proceeding, the time such injunction order or proceeding shall continue in force shall not be counted in computing the period of limitation.
History: Laws 1880, ch. 5, § 15; C.L. 1884, § 1875; C.L. 1897, § 2928; Code 1915, § 3358; C.S. 1929, § 83-113; 1941 Comp., § 27-111; 1953 Comp., § 23-1-12.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Mandatory grievance proceedings. — Although New Mexico has no caselaw specifically addressing the tolling requirements upon the filing of mandatory administrative grievances, the language of the statute seems to encompass mandatory grievance proceedings. Roberts v. Barreras, 484 F.3d 1236 (10th Cir. 2007).
Pendency of an appeal. — The statute of limitations does not run during the pendency of an appeal. United States Fire Ins. Co. v. Aeronautics, Inc., 1988-NMSC-051, 107 N.M. 320, 757 P.2d 790.
Stay of proceedings in class action does not preclude a party from filing a separate lawsuit asserting that party's claims and does not toll the statutes of limitations with respect to those claims. Butler v. Deutsche Morgan Grenfell, Inc., 2006-NMCA-084, 140 N.M. 111, 140 P.3d 532, cert. denied, 2006-NMCERT-007, 140 N.M. 279, 142 P.3d 360.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Limitation of Actions § 171.
Estoppel to rely on statute of limitations, 24 A.L.R.2d 1413.
54 C.J.S. Limitations of Actions §§ 124, 125.