2019 New Mexico Statutes
Chapter 38 - Trials
Article 1 - Process
Section 38-1-15 - [Pendency of suit; time within which process must be served; cancellation of lis pendens notice.]

Universal Citation: NM Stat § 38-1-15 (2019)

For the purpose of the preceding section [38-1-14 NMSA 1978], it is considered that an action is pending from the time of filing such notice; provided, that such notice shall be of no value, unless it is followed by the service of such citations or process of citation, or by notice by publication to the defendant, as provided by law, within sixty days after such filing. And the court in which said action was commenced, may in its discretion, at any time after the action shall be settled, discontinue or revoke on application of any person injured, and for good cause shown, and under such notice as may be directed or approved by the court, order the notice authorized by the preceding section to be canceled by the county clerk of any county in whose office the same may have been filed, and such cancellation shall be made by an indorsement to that effect upon the filed notice which shall refer to the order.

History: Laws 1873-1874, ch. 19, § 2; C.L. 1884, § 1854; C.L. 1897, § 2903; Code 1915, § 4262; C.S. 1929, § 105-1102; 1941 Comp., § 19-310; 1953 Comp., § 21-3-15.

ANNOTATIONS

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

Compiler's notes. — Although this section speaks of filing a lis pendens notice, the 1959 amendment to 38-1-14 NMSA 1978 substituted references to recording for references to filing.

Continuation of lis pendens after cancellation. — Regardless of the validity of a cancellation of a lis pendens established by a suit, the lis pendens continues until expiration of the time for appeal of the cancellation or until final disposition of the case by the appellate court. Salas v. Bolagh, 1987-NMCA-138, 106 N.M. 613, 747 P.2d 259.

Am. Jur. 2d, A.L.R. and C.J.S. references. — New or successive notice of lis pendens in same or new action after loss or cancellation of original notice, 52 A.L.R.2d 1308.

Lis pendens: grounds for cancellation prior to termination of underlying action, absent claim of delay, 49 A.L.R.4th 242.

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