N.M. Stat. » N.M. Stat. / Chapter 12 / Article 2A
New Mexico Statutes

N.M. Stat. § 12-2A-5 (2026)

Number, gender and tense.

✓ current as of May 2026
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A. Use of the singular number includes the plural, and use of the plural number
includes the singular.

   B. Use of a word of one gender includes corresponding words of the other genders.

   C. Use of a verb in the present tense includes the future tense.

History: Laws 1997, ch. 173, § 5.

                                     ANNOTATIONS

Effective dates. — Laws 1997, ch. 173 § 22 made the Uniform Statute and Rule
Construction Act effective July 1, 1997.

Singular includes the plural. — Courts have consistently construed enhancement
statutes that are written in the singular as authorizing the imposition of multiple
enhancements. State v. McClendon, 2001-NMSC-023, 130 N.M. 551, 28 P.3d 1092.

When singular appears it can be construed as plural, and vice versa. New Mexico
& S. Pac. R.R. Co. v. Madden, 1893-NMSC-018, 7 N.M. 215, 34 P. 50.

Where intent determined it is appropriate to transpose words. — This section
provides that words importing the plural number may be applied to one person or thing,
for it is appropriate to transpose words and phrases to carry out the manifest intent
where the purpose and intent of a statute has been determined. State ex rel. Dresden v.
District Court, 1941-NMSC-013, 45 N.M. 119, 112 P.2d 506.

Person includes persons. — While effect of a former statute similar to this section was
that use of word "person" in statute included plural "persons," the homestead exemption
statute could not be construed so as to permit individual partners an exemption of
partnership assets equivalent to their homestead. In re Spitz Bros., 1896-NMSC-025, 8
N.M. 622, 45 P. 1122.

Construing the term "owner". — Construing the term "owner" in 30-31-34G(2) NMSA
1978 to protect innocent co-owners as well as sole owners from forfeiture of their
vehicles for drug use is not contrary to the legislature's intent and is a permissible
extension of a singular term to include the plural under this rule of statutory
construction. In re Forfeiture of One 1970 Ford Pickup, 1991-NMCA-124, 113 N.M. 97,
823 P.2d 339.
Notes of Decisions
Cited in 13 cases (6 in the last 5 years), 2001–2024 · leading case: State v. Reed, 120 P.3d 447 (N.M. 2005).
Sort: Relevance Newest Treatment
State v. Reed, 120 P.3d 447 (N.M. 2005). · cites it 4× “" NMSA 1978, § 12-2A-5(A) (1997). Therefore, I believe that, consistent with the common law view of the crime, the Legislature did not intend to restrict depraved mind murder to conduct placing multiple individuals at risk.”
State v. Lynch, 74 P.3d 73 (N.M. 2003). · cites it 4× “" For example, if in the present case Defendant were only charged with second-degree murder, and no lesser-included offenses such as manslaughter, this would not operate to remove him from the protections of the constitution because Article II, Section 15 refers to plural…”
State v. Neal, 2007 NMCA 086 (N.M. Ct. App. 2007). · cites it 2× “1977) (holding, in construing a sentencing statute, that the fact that the sentence was worded in the singular did not mean it did not also apply to the plural); NMSA 1978, § 12-2A-5(A) (1997) (stating, in the Uniform Statute and Rule Construction Act, that “[u]se of the…”
State v. McClendon, 28 P.3d 1092 (N.M. 2001). · cites it 2× “” NMSA 1978, § 12-2A-5(A) (1997). Applying this rule, we conclude that “second violent sexual offense” includes both of Defendant’s violent sexual offenses.”
Ullman v. Safeway Ins. Co., 539 P.3d 668 (N.M. 2023). · cites it 2× “The closest version of such an argument is offered by Ullman who, relying in part on a rule of construction that permits the substitution of a plural term for a singular term in a statute, NMSA 1978, § 12-2A-5(A) (1997), suggests that we may read the phrase “limits of liability”…”
State ex rel. Richardson v. Fifth Jud. Dist. Nominating Comm'n, 2007 NMSC 023 (N.M. 2007). · cites it 2× “Within thirty days of receiving the commission’s “final nominations,” the governor must “appoint[] one of the persons nominated by the commission.” Id. (emphasis added).”
Freedom C. v. Brian D., 2012 NMSC 17 (N.M. 2012). · cites it 2× “Therefore, Section 40-10B-8(B) must be read to encompass both the singular and the plural meanings of the word “parent.”
State v. Torres, 521 P.3d 77 (N.M. 2022). · cites it 2× “, NMSA 1978, § 12-2A-5(A) (1997) (“Use of the singular number includes the plural, and use of the plural number includes the singular.”
State v. Garcia, 517 P.3d 281 (N.M. Ct. App. 2022). · cites it 2× “{9} Finally, to the extent Defendant contends reliance on the singular noun in Section 30-31-23, to discern the unit of prosecution in that statute runs contrary to the Uniform Statute and Rule Construction Act (USRCA), NMSA 1978, § 12-2A-5(A) (1997), which states that “[u]se of…”
Freedom C. v. Julie Ann D., 252 P.3d 812 (N.M. Ct. App. 2011). · cites it 2× “See NMSA 1978, § 12-2A-5(A) (1997) (stating that statutory language in the singular includes the plural).”
State v. Gonzales, 554 P.3d 750 (N.M. Ct. App. 2024). · cites it 10× “Specifically, Section 12-2A-5(A) of the USRCA states that the “[u]se of the singular number includes the plural, and use of the plural number includes the singular.”
State v. Torres (N.M. 2022). · cites it 2× “, NMSA 1978, § 12-2A-5(A) (1997) 2 (“Use of the singular number includes the plural, and use of the plural number 3 includes the singular.”
Show all 13 citing cases →
N.M. Stat. § 12-2A-5(A): 12 cases
State v. Reed, 120 P.3d 447 (N.M. 2005). “" NMSA 1978, § 12-2A-5(A) (1997). Therefore, I believe that, consistent with the common law view of the crime, the Legislature did not intend to restrict depraved mind murder to conduct placing multiple individuals at risk.”
State v. Neal, 2007 NMCA 086 (N.M. Ct. App. 2007). “1977) (holding, in construing a sentencing statute, that the fact that the sentence was worded in the singular did not mean it did not also apply to the plural); NMSA 1978, § 12-2A-5(A) (1997) (stating, in the Uniform Statute and Rule Construction Act, that “[u]se of the…”
State v. McClendon, 28 P.3d 1092 (N.M. 2001). “” NMSA 1978, § 12-2A-5(A) (1997). Applying this rule, we conclude that “second violent sexual offense” includes both of Defendant’s violent sexual offenses.”
Ullman v. Safeway Ins. Co., 539 P.3d 668 (N.M. 2023). “The closest version of such an argument is offered by Ullman who, relying in part on a rule of construction that permits the substitution of a plural term for a singular term in a statute, NMSA 1978, § 12-2A-5(A) (1997), suggests that we may read the phrase “limits of liability”…”
State ex rel. Richardson v. Fifth Jud. Dist. Nominating Comm'n, 2007 NMSC 023 (N.M. 2007). “Within thirty days of receiving the commission’s “final nominations,” the governor must “appoint[] one of the persons nominated by the commission.” Id. (emphasis added).”
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