2021 New Mexico Statutes
Chapter 39 - Judgments, Costs, Appeals
Article 1 - Judgments
Section 39-1-5 - [Judgments enforced; duty of judge.]

It shall be the duty of the judge of any court to cause judgment, sentence or decree of the court to be carried into effect, according to law.

History: Laws 1850-1851, p. 144; C.L. 1865, ch. 27, § 16; C.L. 1884, § 1832; C.L. 1897, § 2878; Code 1915, § 1360; C.S. 1929, § 34-107; 1941 Comp., § 19-905; 1953 Comp., § 21-9-5.

Cross references. — For supplementary judgment proceedings, see Rule 1-069 NMRA.

Plaintiff has right to enforce judgment if it has not been superseded. The trial court has a duty to give effect to its judgment. Prudential Ins. Co. of Am. v. Anaya, 1967-NMSC-132, 78 N.M. 101, 428 P.2d 640.

Permanent injunction enforceable by the district court. — In an action for negligence, inverse condemnation, injunctive relief and damages, where the parties jointly filed a motion for entry of stipulated permanent injunction and voluntary dismissal with prejudice, and where plaintiff filed suit against defendant, the New Mexico transportation department, seeking enforcement of the permanent injunction, the permanent injunction was a judgment enforceable by the district court and not subject to the arbitration clause contained within the settlement agreement, because despite being the product of a stipulation between the parties, the permanent injunction provided for continued court oversight, and the terms of the permanent injunction comported with the legal rationale supporting injunctive relief. Allred v. N.M. Dep't of Transp., 2017-NMCA-019, cert. denied.

Law reviews. — For article, "Tremors: Justice Scalia and Professor Clinton Re-Shape the Debate over the Cross-Boundary Enforcement of Tribal and State Judgments", see 34 N.M.L. Rev. 239 (2004).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 49 C.J.S. Judgments §§ 585, 586.