2019 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 2A - Uniform Statute and Rule Construction Act
Section 12-2A-7 - Computation of time.

Universal Citation: NM Stat § 12-2A-7 (2019)

In computing a period of time prescribed or allowed by a statute or rule, the following rules apply:

A. if the period is expressed in days, the first day of the period is excluded and the last day is included;

B. if the period is expressed in weeks, the period ends on the day that is the same day of the concluding week as the day of the week on which an event determinative of the computation occurred;

C. if the period is expressed in months, the period ends on the day of the concluding month that is numbered the same as the day of the month on which an event determinative of the computation occurred, unless the concluding month has no such day, in which case the period ends on the last day of the concluding month;

D. if the period is expressed in years, the period ends on the day of the concluding month of the concluding year that is numbered the same as the day of the month of the year on which an event determinative of the computation occurred, unless the concluding month has no such day, in which case the period ends on the last day of the concluding month of the concluding year;

E. if the period is less than eleven days, a Saturday, Sunday or legal holiday is excluded from the computation;

F. if the last day of the period is a Saturday, Sunday or legal holiday, the period ends on the next day that is not a Saturday, Sunday or legal holiday;

G. a day begins immediately after midnight and ends at the next midnight;

H. if the period is determinable by the occurrence of a future event, the first day of the period is ascertained by applying the rules of Subsections A through G of this section backward from the last day of the period as if the event had occurred; and

I. in computing the time that a legislative session shall end, the word "day" means a twenty-four-hour period from 12:00 noon on one calendar day to 12:00 noon on the next calendar day.

History: Laws 1997, ch. 173, § 7.

ANNOTATIONS

Effective dates. — Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule Construction Act effective July 1, 1997.

Period involving months. — A calendar month should run from the date of the court order triggering the right of redemption to the corresponding date of the subsequent month (or months, if the redemption period granted is more than one month). U.S. Bank Nat'l Ass'n v. Martinez, 2003-NMCA-151, 134 N.M. 665, 81 P.3d 608.

Eleven-day rule. — Subsection E of Section 12-2A-7E NMSA 1978 of the Uniform Statute and Rule Construction Act provides the same time computation guideline as Rule 12-308(A) NMRA for the less-than-eleven-days rule, but the act is not applicable to Section 39-3-3B(2) NMSA 1978 as it currently exists, because the act applies only to statutes enacted after its effective date. State v. Fernandez, 1999-NMCA-128, 128 N.M. 111, 990 P.2d 224.

Conflict with rule of procedure. — Paragraph A of Rule 1-006, which provides that if the last day of a statutory time period falls on a Saturday, Sunday, or legal holiday, the period runs until the next day which is not a Saturday, Sunday or legal holiday, supersedes Subsection G (now F) of this section, which only extends the time period to the following Monday if the last day falls on a Sunday. Therefore, a claim under the Torts Claim Act was not barred by the two-year statute of limitations of Section 41-4-15 NMSA 1978 when the last day of the two-year period fell on a Saturday and the plaintiff filed her claim on the following Monday. Dutton v. McKinley Cnty. Bd. of Comm'rs, 1991-NMCA-130, 113 N.M. 51, 822 P.2d 1134.

Computation irrespective of nature of limitation. — Whether a limitation is considered procedural or substantive, or whether it is a limitation on the right and remedy or on only the remedy, is immaterial. Keilman v. Dar Tile Co., 1964-NMSC-138, 74 N.M. 305, 393 P.2d 332.

Only case when Sunday is excluded. — Former 12-2-26 NMSA 1978 changed the common-law rule, and required the court to include intervening Sundays in computing time. It also provided the only case wherein Sunday is to be excluded. Atchison, T. & S.F. Ry. Co. v. Solorzano, 1916-NMSC-016, 21 N.M. 503, 156 P. 242 (decided under former law).

When Sunday last day for payment following Monday acceptable. — When last day for payment of rental under an oil and gas lease falls on Sunday, lessee may pay on following Monday. Durell v. Miles, 1949-NMSC-033, 53 N.M. 264, 206 P.2d 547.

Filing application. — Where sixth day after completion of canvass of election returns fell on Sunday, an application for recount filed in the district court the Monday following, and presented to the district judge promptly on his return after an absence of two days, was seasonable. Sandoval v. Madrid, 1930-NMSC-118, 35 N.M. 252, 294 P. 631.

Filing claim. — Filing of claim against estate one year and a day after issuance of letters testamentary was timely where the last day of the year fell on Sunday. O'Brien v. Wilson, 1921-NMSC-022, 26 N.M. 641, 195 P. 803.

Service and return at any hour of day. — Service at any hour on November 19th was sufficient for any hour of November 24th as a return day. Pickering v. Justice of Peace, 1911-NMSC-006, 16 N.M. 37, 113 P. 619.

Statute becomes effective at first moment of applicable day. — In calculating effective date of a new act, day of the event is to be excluded and last day of interim period is included, so that statute becomes effective at first moment of applicable day after the event, such as first moment of 90th day after adjournment of legislature. Garcia v. J.C. Penney Co., 1948-NMSC-065, 52 N.M. 410, 200 P.2d 372.

Applicability to constitutional conventions. — The rule expressed in former Subsection H (now I) of Section 12-2-2 NMSA 1978 was limited to the computation of time for legislative sessions and did not apply when construing Laws 1969, ch. 134, § 15 (purporting to set a time limit on the constitutional convention). 1969 Op. Att'y Gen. No. 69-82.

Days counted consecutively. — The legislative rule of statutory construction assumed that in computing periods of time set forth in legislative enactments, it is intended that days be counted consecutively. 1969 Op. Att'y Gen. No. 69-82.

Any time during last day sufficient. — A lot sold for taxes at 10 o'clock in the forenoon on January 30, 1912, could be redeemed by the original owner, or by a person purchasing from the original owner, at any time before the close of January 30, 1915. 1915 Op. Att'y Gen. No. 15-1432.

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