2018 New Mexico Statutes
Chapter 37 - Limitation of Actions; Abatement and Revivor
Article 1 - Limitations of Actions
Section 37-1-17 - Other statutes prescribing limitations unaffected.]
None of the provisions of this chapter shall apply to any action or suit which, by any particular statute of this state, is limited to be commenced within a different time, nor shall this chapter be construed to repeal any existing statute of the state which provides a limitation of any action; but in such cases the limitation shall be as provided by such statutes.
History: Laws 1880, ch. 5, § 16; C.L. 1884, § 1876; C.L. 1897, § 2929; Code 1915, § 3359; C.S. 1929, § 83-114; 1941 Comp., § 27-116; 1953 Comp., § 23-1-17.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Compiler's notes. — The compilers of the 1915 Code substituted "preceding provisions of this chapter" for "provisions of this act".
The words "this chapter" refer to ch. 68 of the 1915 Code, which is compiled as 37-1-1 to 37-1-4, 37-1-6 to 37-1-19, 37-1-21, 37-1-22, 37-1-25, 37-1-26 NMSA 1978.
New remedy qualified by time limitation on exercise of right. — Where a statute grants a new remedy and at the same time places a limitation of time within which the person complaining must act, the limitation is a limitation of the right as well as the remedy and, in the absence of qualifying provisions or saving clauses, the party seeking to avail himself of the remedy must bring himself strictly within the limitations. Ortega v. Shube, 1979-NMCA-130, 93 N.M. 584, 603 P.2d 323, overruled on other grounds by Bracken v. Yates Petroleum Corp., 1988-NMSC-072, 107 N.M. 463, 760 P.2d 155.
Annexation. — Former statute limiting time for appeal by property owners from municipal resolution of annexation to 30-day period began to run upon the passage of the resolution, and action not brought within that period was barred. Leavell v. Town of Texico, 1957-NMSC-081, 63 N.M. 233, 316 P.2d 247.
Gaming statutes. — A demurrer to a counterclaim pleading a cause of action under the gaming statutes, which cause was barred by one-year statute of limitations, was properly sustained. Mann v. Gordon, 1910-NMSC-059, 15 N.M. 652, 110 P. 1043.
Suit against the state. — Section 37-1-14 NMSA 1978, which extends the statute of limitations period when the filing of a second suit is a continuation of a first suit, does not apply to breach of contract actions filed against the state which are governed by Section 37-1-23 NMSA 1978. Gathman-Matotan Architects & Planners, Inc. v. State, Dep't of Fin. & Admin., Prop. Control Div., 1990-NMSC-013, 109 N.M. 492, 787 P.2d 411.
Extensions for disability. — Section 37-1-10 NMSA 1978, extending period of limitations for minors and incapacitated persons, does not apply to actions for negligence against municipalities. Noriega v. City of Albuquerque, 1974-NMCA-040, 86 N.M. 294, 523 P.2d 29, cert. denied, 86 N.M. 281, 523 P.2d 16.
Wrongful Death Statute. — Section 37-1-10 NMSA 1978 is not applicable to wrongful death statute. Natseway v. Jojola, 1952-NMSC-104, 56 N.M. 793, 251 P.2d 274.
Tort Claims Act. — Section 37-1-14 NMSA 1978 does not apply to actions under Tort Claims Act, Article 4 of Chapter 41. Estate of Gutierrez v. Albuquerque Police Dep't, 1986-NMCA-023, 104 N.M. 111, 717 P.2d 87, cert. denied sub nom. Haney v. Albuquerque Police Dep't, 103 N.M. 798, 715 P.2d 71, overruled on other grounds by Bracken v. Yates Petroleum Corp., 1988-NMSC-072, 107 N.M. 463, 760 P.2d 155.
This section prohibits 37-1-14 NMSA 1978 from applying in workmen's compensation and occupational disablement cases, since both the Workmen's Compensation Act and the Occupational Disablement Law contain specific statutes of limitations, 52-1-31 and 52-3-16 NMSA 1978, and neither act provides a saving clause allowing for an extension of the specified time limit for filing a claim. Ortega v. Shube, 1979-NMCA-130, 93 N.M. 584, 603 P.2d 323, overruled on other grounds by Bracken v. Yates Petroleum Corp., 1988-NMSC-072, 107 N.M. 463, 760 P.2d 155.
One-year statute of limitations in Workmen's [Workers'] Compensation Act bars second suit begun after the expiration of that year. Ortega v. Shube, 1979-NMCA-130, 93 N.M. 584, 603 P.2d 323, overruled on other grounds by Bracken v. Yates Petroleum Corp., 1988-NMSC-072, 107 N.M. 463, 760 P.2d 155.
Workers' compensation claims of minors and incapacitated persons. — Section 37-1-10 NMSA 1978, which extends the statute of limitations periods for claims of minors and incapacitated persons does not apply to workers' compensation claims which are governed by Section 52-1-31 NMSA 1978. Lent v. Employment Sec. Comm'n of State of N.M., 1982-NMCA-147, 99 N.M. 407, 658 P.2d 1134, cert. quashed, 99 N.M. 226, 656 P.2d 889 (1983).
Law reviews. — For annual survey of civil procedure in New Mexico, see 18 N.M.L. Rev. 287 (1988).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Action to recover money or property loss and paid through gambling as affected by statute of limitations, 22 A.L.R.2d 1390.