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

N.M. Stat. § 12-2A-7 (2026)

Computation of time.

✓ current as of May 2026
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In computing a period of time prescribed or allowed by a statute or rule, the following
rules apply:

    A. if the period is expressed in days, the first day of the period is excluded and the
last day is included;

   B. if the period is expressed in weeks, the period ends on the day that is the same
day of the concluding week as the day of the week on which an event determinative of
the computation occurred;

   C. if the period is expressed in months, the period ends on the day of the concluding
month that is numbered the same as the day of the month on which an event
determinative of the computation occurred, unless the concluding month has no such
day, in which case the period ends on the last day of the concluding month;
   D. if the period is expressed in years, the period ends on the day of the concluding
month of the concluding year that is numbered the same as the day of the month of the
year on which an event determinative of the computation occurred, unless the
concluding month has no such day, in which case the period ends on the last day of the
concluding month of the concluding year;

   E. if the period is less than eleven days, a Saturday, Sunday or legal holiday is
excluded from the computation;

   F. if the last day of the period is a Saturday, Sunday or legal holiday, the period
ends on the next day that is not a Saturday, Sunday or legal holiday;

   G. a day begins immediately after midnight and ends at the next midnight;

   H. if the period is determinable by the occurrence of a future event, the first day of
the period is ascertained by applying the rules of Subsections A through G of this
section backward from the last day of the period as if the event had occurred; and

    I. in computing the time that a legislative session shall end, the word "day" means
a twenty-four-hour period from 12:00 noon on one calendar day to 12:00 noon on the
next calendar day.

History: Laws 1997, ch. 173, § 7.

                                     ANNOTATIONS

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

Period involving months. — A calendar month should run from the date of the court
order triggering the right of redemption to the corresponding date of the subsequent
month (or months, if the redemption period granted is more than one month). U.S. Bank
Nat’l Ass’n v. Martinez, 2003-NMCA-151, 134 N.M. 665, 81 P.3d 608.

Eleven-day rule. — Subsection E of Section 12-2A-7E NMSA 1978 of the Uniform
Statute and Rule Construction Act provides the same time computation guideline as
Rule 12-308(A) NMRA for the less-than-eleven-days rule, but the act is not applicable to
Section 39-3-3B(2) NMSA 1978 as it currently exists, because the act applies only to
statutes enacted after its effective date. State v. Fernandez, 1999-NMCA-128, 128 N.M.
111, 990 P.2d 224.

Conflict with rule of procedure. — Paragraph A of Rule 1-006, which provides that if
the last day of a statutory time period falls on a Saturday, Sunday, or legal holiday, the
period runs until the next day which is not a Saturday, Sunday or legal holiday,
supersedes Subsection G (now F) of this section, which only extends the time period to
the following Monday if the last day falls on a Sunday. Therefore, a claim under the
Torts Claim Act was not barred by the two-year statute of limitations of Section 41-4-15
NMSA 1978 when the last day of the two-year period fell on a Saturday and the plaintiff
filed her claim on the following Monday. Dutton v. McKinley Cnty. Bd. of Comm'rs, 1991-
NMCA-130, 113 N.M. 51, 822 P.2d 1134.

Computation irrespective of nature of limitation. — Whether a limitation is
considered procedural or substantive, or whether it is a limitation on the right and
remedy or on only the remedy, is immaterial. Keilman v. Dar Tile Co., 1964-NMSC-138,
74 N.M. 305, 393 P.2d 332.

Only case when Sunday is excluded. — Former 12-2-26 NMSA 1978 changed the
common-law rule, and required the court to include intervening Sundays in computing
time. It also provided the only case wherein Sunday is to be excluded. Atchison, T. &
S.F. Ry. Co. v. Solorzano, 1916-NMSC-016, 21 N.M. 503, 156 P. 242 (decided under
former law).

When Sunday last day for payment following Monday acceptable. — When last day
for payment of rental under an oil and gas lease falls on Sunday, lessee may pay on
following Monday. Durell v. Miles, 1949-NMSC-033, 53 N.M. 264, 206 P.2d 547.

Filing application. — Where sixth day after completion of canvass of election returns
fell on Sunday, an application for recount filed in the district court the Monday following,
and presented to the district judge promptly on his return after an absence of two days,
was seasonable. Sandoval v. Madrid, 1930-NMSC-118, 35 N.M. 252, 294 P. 631.

Filing claim. — Filing of claim against estate one year and a day after issuance of
letters testamentary was timely where the last day of the year fell on Sunday. O'Brien v.
Wilson, 1921-NMSC-022, 26 N.M. 641, 195 P. 803.

Service and return at any hour of day. — Service at any hour on November 19th was
sufficient for any hour of November 24th as a return day. Pickering v. Justice of Peace,
1911-NMSC-006, 16 N.M. 37, 113 P. 619.

Statute becomes effective at first moment of applicable day. — In calculating
effective date of a new act, day of the event is to be excluded and last day of interim
period is included, so that statute becomes effective at first moment of applicable day
after the event, such as first moment of 90th day after adjournment of legislature. Garcia
v. J.C. Penney Co., 1948-NMSC-065, 52 N.M. 410, 200 P.2d 372.

Applicability to constitutional conventions. — The rule expressed in former
Subsection H (now I) of Section 12-2-2 NMSA 1978 was limited to the computation of
time for legislative sessions and did not apply when construing Laws 1969, ch. 134, §
15 (purporting to set a time limit on the constitutional convention). 1969 Op. Att'y Gen.
No. 69-82.
Days counted consecutively. — The legislative rule of statutory construction assumed
that in computing periods of time set forth in legislative enactments, it is intended that
days be counted consecutively. 1969 Op. Att'y Gen. No. 69-82.

Any time during last day sufficient. — A lot sold for taxes at 10 o'clock in the
forenoon on January 30, 1912, could be redeemed by the original owner, or by a person
purchasing from the original owner, at any time before the close of January 30, 1915.
1915 Op. Att'y Gen. No. 15-1432.
Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 1999–2023 · leading case: New Mexico Dep't of Health v. Compton, 34 P.3d 593 (N.M. 2001).
Sort: Relevance Newest Treatment
New Mexico Dep't of Health v. Compton, 34 P.3d 593 (N.M. 2001). · cites it 4× “" NMSA 1978, § 12-2A-7(E) (1997). Application of this statute yields the following results: Compton's right to a hearing under Section 43-1-11 accrued seven days, excluding weekends, from February 18, his date of admission, which would *601 have been March 1.”
State v. Pacheco, 182 P.3d 834 (N.M. Ct. App. 2008). · cites it 4× “In this case, the district court appears to have combined the two notices in one document entitled “Notice of Forfeiture and Order to Show Cause.”
U.S. Bank Nat'l Ass'n v. Martinez, 81 P.3d 608 (N.M. Ct. App. 2003). · cites it 4× “Although this provision is not controlling in this case because the redemption statute predates Section 12-2A-7 (see NMSA 1978, § 12-2A-1(B)(1997)), we believe it to be good policy to follow the legislature’s express intentions in the absence of controlling authority to the…”
Cheng v. Rabey, 525 P.3d 405 (N.M. Ct. App. 2022). · cites it 2× “Landlord Filed His Petition for Restitution Prematurely {10} Tenant argues that when counting days, Section 12-2A-7(A) of the USRCA states that “if the period is expressed in days, the first day of the period is excluded and the last day is included.”
State v. Fernandez, 990 P.2d 224 (N.M. Ct. App. 1999). · cites it 2× “Section 12-2A-7(E) of this Uniform Act provides the same time computation guideline as Rule 12-308(A) for the less-than-eleven-days rule, but the Uniform Act is not applicable to Section 39-3-3(B)(2) as it currently exists because the Uniform Act applies only to statutes enacted…”
White Sands Constr. v. City of Las Cruces (N.M. Ct. App. 2023). · cites it 6× “3The City additionally argues that the district court was required to exclude weekends and legal holidays from its three-day ruling under NMSA 1978, Section 12-2A-7(E) (1997), but fails to indicate where this argument was preserved.”
White Sands Constr., Inc. v. City of Las Cruces (N.M. Ct. App. 2023). · cites it 4× “We therefore decline to address Section 12-2A-7(E) but observe that the “Uniform Statute and Rule Construction Act” is just that—applicable to the construction of statutes and rules.”
Hand v. Winter (N.M. 2016). · cites it 2× “2 {10} All of the relevant elements of Section 1-8-8 are met in this case because (1) 3 Judge Viramontes effectively resigned after the primary election; (2) he held a public 4 office not included in the Governor’s proclamation; (3) the vacancy was of an office 5 required by the…”
Cheng v. Rabey (N.M. Ct. App. 2022). · cites it 2× “Landlord Filed His Petition for Restitution Prematurely 7 {10} Tenant argues that when counting days, Section 12-2A-7(A) of the USRCA 8 states that “if the period is expressed in days, the first day of the period is excluded 9 and the last day is included.”
N.M. Stat. § 12-2A-7(A): 4 cases
State v. Pacheco, 182 P.3d 834 (N.M. Ct. App. 2008). “In this case, the district court appears to have combined the two notices in one document entitled “Notice of Forfeiture and Order to Show Cause.”
Cheng v. Rabey, 525 P.3d 405 (N.M. Ct. App. 2022). “Landlord Filed His Petition for Restitution Prematurely {10} Tenant argues that when counting days, Section 12-2A-7(A) of the USRCA states that “if the period is expressed in days, the first day of the period is excluded and the last day is included.”
Hand v. Winter (N.M. 2016). “2 {10} All of the relevant elements of Section 1-8-8 are met in this case because (1) 3 Judge Viramontes effectively resigned after the primary election; (2) he held a public 4 office not included in the Governor’s proclamation; (3) the vacancy was of an office 5 required by the…”
Cheng v. Rabey (N.M. Ct. App. 2022). “Landlord Filed His Petition for Restitution Prematurely 7 {10} Tenant argues that when counting days, Section 12-2A-7(A) of the USRCA 8 states that “if the period is expressed in days, the first day of the period is excluded 9 and the last day is included.”
N.M. Stat. § 12-2A-7(C): 1 case
U.S. Bank Nat'l Ass'n v. Martinez, 81 P.3d 608 (N.M. Ct. App. 2003). “Although this provision is not controlling in this case because the redemption statute predates Section 12-2A-7 (see NMSA 1978, § 12-2A-1(B)(1997)), we believe it to be good policy to follow the legislature’s express intentions in the absence of controlling authority to the…”
N.M. Stat. § 12-2A-7(E): 4 cases
New Mexico Dep't of Health v. Compton, 34 P.3d 593 (N.M. 2001). “" NMSA 1978, § 12-2A-7(E) (1997). Application of this statute yields the following results: Compton's right to a hearing under Section 43-1-11 accrued seven days, excluding weekends, from February 18, his date of admission, which would *601 have been March 1.”
State v. Fernandez, 990 P.2d 224 (N.M. Ct. App. 1999). “Section 12-2A-7(E) of this Uniform Act provides the same time computation guideline as Rule 12-308(A) for the less-than-eleven-days rule, but the Uniform Act is not applicable to Section 39-3-3(B)(2) as it currently exists because the Uniform Act applies only to statutes enacted…”
White Sands Constr. v. City of Las Cruces (N.M. Ct. App. 2023). “3The City additionally argues that the district court was required to exclude weekends and legal holidays from its three-day ruling under NMSA 1978, Section 12-2A-7(E) (1997), but fails to indicate where this argument was preserved.”
White Sands Constr., Inc. v. City of Las Cruces (N.M. Ct. App. 2023). “We therefore decline to address Section 12-2A-7(E) but observe that the “Uniform Statute and Rule Construction Act” is just that—applicable to the construction of statutes and rules.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.