New Mexico Statutes
N.M. Stat. § 20-2-5 (2026)
Fresh pursuit.
✓ current as of May 2026
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A. In case the United States is at war or in case of any other emergency declared
by the president or the congress of the United States or by the governor or the
legislature of this state, any organization, unit or detachment of the military forces of this
state by direction of the governor and upon order of the officer in immediate command
thereof may continue in fresh pursuit of insurrectionists, saboteurs, perpetrators of
felony, enemies or enemy forces beyond the borders of this state into another state of
the United States until they are apprehended or captured by such organization, unit or
detachment or until the military or police forces of such other state or the forces of the
United States have had a reasonable opportunity to take up the pursuit or to apprehend
or capture the persons pursued, provided such other state shall have given authority by
law for such pursuit by such forces of this state. Except as otherwise provided by law,
any person who shall be apprehended or captured in another state of the United States
by any of the forces of this state shall without unnecessary delay be surrendered to the
military or police forces of the state in which he is taken or to the United States, but
such surrender shall not constitute a waiver by this state of its right to extradite or
prosecute such person for any crime committed in this state.
B. Military forces of other states of the United States may enter this state. Any
military forces of another state of the United States who are in fresh pursuit of
insurrectionists, saboteurs, perpetrators of felony, enemies or enemy forces may
continue such pursuit into this state until the military or police forces of this state or the
forces of the United States have had a reasonable opportunity to take up the pursuit or
to apprehend or capture the persons pursued and the pursuing forces may arrest or
capture such persons within this state while in fresh pursuit. Any such person who shall
be captured or arrested by the military forces of such other state while in this state shall
without unnecessary delay be surrendered to the military or police forces of this state to
be dealt with according to law.
C. This section shall not be construed so as to make unlawful any arrest in this state
which would otherwise be lawful or to repeal or prevent the application of any of the
provisions of the Uniform Act on Fresh Pursuit [31-2-1 to 31-2-7 NMSA 1978].
History: 1978 Comp., § 20-2-5, enacted by Laws 1987, ch. 318, § 12.
ANNOTATIONS
Repeals and reenactments. — Laws 1987, Chapter 318 repealed former 20-2-5
NMSA 1978, as enacted by Laws 1925, ch. 113, § 4, relating to proclamation of
insurrection, and enacted a new section, effective April 10, 1987.Notes of Decisions
Cited in 12
cases, 1955–1988 · leading case: Wallace v. Wanek, 468 P.2d 879 (N.M. Ct. App. 1970).
Wallace v. Wanek, 468 P.2d 879 (N.M. Ct. App. 1970). “Two issues are dispositive: (1) the deadman’s statute, § 20-2-5, N.M.S.A.1953 (Supp.1969) and (2) whether plaintiff may obtain a review of the evidence as to agency.”
Porter v. Porter, 331 P.2d 360 (N.M. 1958). “The daughter then urged that what is now § 20-2-5, NMSA, 1953 precluded the rendition of a judgment in favor of the father because of lack of corroboration.”
Trujillo v. Padilla, 442 P.2d 203 (N.M. 1968). “Plaintiff failed to produce the corroborating evidence required by Section 20-2-5, N.M.S.A., 1953 Compilation (pocket supplement).”
Porter v. Comm'r, 49 T.C. 207 (Tax Ct. 1967). “, commonly referred to as the "Deadman's Statute" were inapplicable to the type suit there in litigation.”
Matter of Est. of Bergman, 761 P.2d 452 (N.M. Ct. App. 1988). “261, § 1 (codified as NMSA 1953, § 20-2-5; repealed by 1973 N.M.”
Consol. Constr., Inc. v. Smith, 634 P.2d 902 (Wyo. 1981). “"Nothing in this section contained shall apply to actions for causing death, or actions or proceedings involving the validity of a deed, will or codicil; and when a case is plainly within the reason and the spirit of the last three sections, and though not within the strict…”
Cave v. Cave, 474 P.2d 480 (N.M. 1970). “Finally, the appellant draws our attention to § 20-2-5, N.M.S.A.1953 (1969 Supp.), sometimes referred to as the Dead Man’s Statute: “In a suit by or against the heirs, executors, administrators or assigns of a deceased person, a claimant, interested or opposite party shall not…”
Lee v. Gruschus, 420 P.2d 311 (N.M. 1966). “Specifically, the appellant contends that the claim was not corroborated as required by § 20-2-5, N.M.S.A. 1953, as amended, Ch. 261, § 1, Laws 1959, New Mexico’s so-called Dead Man’s Statute, which reads: “In a suit by or against the heirs, executors, administrators or assigns…”
Mutz v. Le Sage, 297 P.2d 876 (N.M. 1956). “Defendant in his brief on the first point also invokes Section 20-2-5, N.M.S.A. 1953 Compilation, requiring corroboration with respect to matters occurring prior to the death of J.”
Boardman v. Kendrick, 280 P.2d 1053 (N.M. 1955). “Appellants next invoke § 20-2-5, 1953 Coinp., our “deadman” statute, saying as Kendrick died before the trial, the claim of the plaintiffs was not corroborated as required by statute.”
Lusk v. Daugherty, 297 P.2d 333 (N.M. 1956). “§ 20-2-5, reading: “In a suit by or against the heirs, 'executors, administrators or assigns of a deceased person, an opposite or interested party to the suit shall not obtain a verdict, judgment or decision therein, on his own evidence, in respect of any matter occurring before…”
Schwartz v. Davis Mfg. Co., 189 N.W.2d 1 (Mich. Ct. App. 1971). “3 Ch 261, Laws 1959, § 1 (§ 20-2-5 NMSA 1953 Comp). 4 Peck v. Wright (1962), 70 NM 259 (372 P2d 831 ).”
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