2024 New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters
Article 6 - Declaratory Judgments
Section 44-6-12 - Parties.

When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding. In any proceeding which involves the validity of a municipal ordinance or franchise, the municipality shall be made a party and shall be entitled to be heard, and if the statute, ordinance or franchise is alleged to be unconstitutional, the attorney general shall also be served with a copy of the proceeding and be entitled to be heard.

History: 1953 Comp., § 22-6-15, enacted by Laws 1975, ch. 340, § 12.

Necessary parties. — Injured third-party claimant may participate in a declaratory judgment action brought by an automobile insurance company against its insured seeking to deny coverage under its policy. Third-party claimants are necessary parties to such declaratory judgment actions. Gallegos v. Nevada Gen. Ins.Co., 2011-NMCA-004, 149 N.M. 364, 248 P.3d 912.

Attorney general to be served where constitutionality of statute questioned. — This section requires service upon the attorney general not only when it is alleged that a statute, on its face, is unconstitutional but also where the statute is alleged to be unconstitutional in its application to a particular person. Lazo v. Board of Cnty. Comm'rs, 1984-NMSC-111, 102 N.M. 35, 690 P.2d 1029.

Taxpayers. — Rule 1-019 NMRA does not require joinder of every person who might have standing to challenge an action, and neither does this section; requiring the joinder of every citizen or taxpayer in the suit would defeat the purpose of the Declaratory Judgment Act. San Juan Water Comm'n v. Taxpayers & Water Users, 1993-NMSC-050, 116 N.M. 106, 860 P.2d 748.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Declaratory Judgments §§ 203, 204, 209 to 211.

Joinder of causes of action and parties in suit under Declaratory Judgment Act, 110 A.L.R. 817.

Construction, application and effect of § 11 of the Uniform Declaratory Judgments Act that all persons who have or claim any interest which would be affected by the declaration shall be made parties, 71 A.L.R.2d 723.

26 C.J.S. Declaratory Judgments §§ 121, 130, 131, 132.