2019 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.ANNOTATIONS
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.
Automatic stays in bankruptcy proceedings toll the statute of limitations. — Where plaintiff bank, in February 2016, brought a second foreclosure action against homeowners who defaulted on a mortgage loan in October 2008, following the dismissal of its first foreclosure action, which was filed in October 2009 and where bank exercised an option under the note to accelerate and declare immediately payable and due the full amount of the principal and all interest still owed under the note, and where homeowners filed for bankruptcy three times between 2011 and 2012, the third of which resulted in a discharge order, the district court erred in dismissing bank's entire foreclosure claim as barred by the six-year statute of limitations, because in the context of an installment contract, like the note in this case, the statute would have begun to run with respect to the whole indebtedness only from the date of an exercise of the option to declare the whole indebtedness due, and pursuant to 37-1-12 NMSA 1978, the statute of limitations for its claim for the accelerated balance as of October 2009, was tolled during the periods in which homeowners' three bankruptcies were pending in federal bankruptcy court as a result of automatic stays. LSF9 Master Participation Trust v. Sanchez, 2019-NMCA-055.
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.