2023 New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters
Article 7A - Uniform Arbitration
Section 44-7A-2 - Notice.

(a) Except as otherwise provided in the Uniform Arbitration Act [44-7A-1 NMSA 1978], a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course, whether or not the other person acquires knowledge of the notice.

(b) A person has notice if the person has knowledge of the notice or has received notice.

(c) A person receives notice when it comes to the person's attention or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of such communications.

History: Laws 2001, ch. 227, § 2.

Compiler's note. — Laws 2002, ch. 227, § 33 repealed the former Uniform Arbitration Act, Sections 44-7-1 to 44-7-22 NMSA 1978, enacted by Laws 1971, ch. 168, §23. The Uniform Arbitration Act compiled as 44-7A-1 to 44-7A-32 NMSA 1978 was enacted effective July 1, 2001.

Effect of failure of proper notice. — Because the appellant was prejudiced by the arbitrator's failure to give him proper notice of the third hearing, and because the failure to give notice was sufficient cause to require the arbitrator to postpone the hearing, the trial court erred when it failed to vacate the arbitration award pursuant to 44-7-12A(4) NMSA 1978 (now 44-7A-24 NMSA 1978). Jaycox v. Ekeson, 1993-NMSC-036, 115 N.M. 635, 857 P.2d 35.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Alternative Dispute Resolution § 183.

Necessity and sufficiency of notice of and hearing in proceedings before appraisers and arbitrators appointed to determine amount of insurance loss, 25 A.L.R.3d 680.

6 C.J.S. Arbitration § 83.