New Mexico Statutes
N.M. Stat. § 34-2-8 (2026)
Repealed.
✓ current as of May 2026 Cite as: N.M. Stat. § 34-2-8 (2026)
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ANNOTATIONS Repeals. — Laws 1997, ch. 8, § 14 repealed 34-2-8 NMSA 1978, as amended by Laws 1993, ch. 154, § 1, relating to questions certified to the New Mexico supreme court, effective July 1, 1997. For provisions of former section, see the 1996 NMSA 1978 NMOneSource.com. For present comparable provisions, see Rules 12-606, 12-607 and 12-608 NMRA, and 39-7-3 NMSA 1978.
Notes of Decisions
Cited in 21
cases, 1979–1998 · leading case: Schlieter v. Carlos
Schlieter v. Carlos (1989)
“In light of this challenge to the constitutionality of the Act, and on motion of the plaintiff, the federal court, pursuant to NMSA 1978, Section 34-2-8 (Repl.Pamp. 1981) and SCRA 1986,12-607, has certified to this Court fourteen separate constitutional questions involving novel…”
Wilschinsky Ex Rel. Wilschinsky v. Medina (1989)
“In New Mexico, the process of certification from federal courts is governed by SCRA 1986, 12-607, which implements NMSA 1978, Section 34-2-8 (Repl.Pamp. 1981). SCRA 12-607 requires a certification request to include "either a statement by the certifying court of the facts…”
Archibeque v. Moya (1993)
“1992), we accepted the following certified question of state law from the Tenth Circuit Court of Appeals: Does [NMSA 1978, Section 41-4-6 (Repl. Pamp. 1989)] of the New Mexico Tort Claims Act, [NMSA 1978, Sections 41-4-1 to -29 (Repl.”
Anchondo v. Corrections Department (1983)
“Burciaga, District Judge, pursuant to Section 34-2-8, N.M. S.A. 1978 (Repl.Pamp.”
Atencio v. BOARD OF EDUC. OF PENASCO, ETC. (1982)
“This matter is before this Court through certification from the United States District Court for the District of New Mexico, Honorable Santiago Campos, District Judge, pursuant to Section 34-2-8, N.M.S. A.1978 (Repl.Pamp.”
City of Las Cruces v. El Paso Electric Co. (1998)
“NMSA 1978, § 34-2-8 (1993, repealed 1997); accord NMSA 1978, § 39-7-4 (effective July 1, 1997).”
Rio Grande Jewelers Supply, Inc. v. Data General Corp. (1984)
“That question is: Whether, in a sale of goods context governed by the New Mexico Commercial Code, a commercial purchaser of a computer system (hardware and programmable software) may maintain an action in tort against the seller for pre-contract negligent misrepresentations…”
Taylor v. Delgarno Transportation, Inc. (1983)
“Mechem, District Judge, pursuant to Section 34-2-8, N.M.S.A. 1978 (Repl.Pamp.”
Swink v. Fingado (1993)
“Pursuant to NMSA 1978, § 34-2-8 (Repl.Pamp.1990), and SCRA 1986, 12-607 (Supreme Court may answer questions certified by certain federal courts if questions involve propositions of New Mexico law determinative of cause before certifying court and there are no controlling…”
Dairyland Insurance v. Herman (1997)
“1), and our own certification statute, NMSA 1978, § 34-2-8 (repealed 1997) (relating to questions certified to the New Mexico Supreme Court).”
Ambassador Insurance v. St. Paul Fire & Marine Insurance (1984)
“Ambassador appealed the dismissal of its negligence claim and also challenged the instructions given to the jury regarding its bad faith claim.”
Martinez v. Albuquerque Collection Services, Inc. (1994)
“” N.M.StatAnn. § 34-2-8(B) (Michie 1990 & Supp.”
— N.M. Stat. § 34-2-8(A) — 1 case
Schlieter v. Carlos (1989)
“In light of this challenge to the constitutionality of the Act, and on motion of the plaintiff, the federal court, pursuant to NMSA 1978, Section 34-2-8 (Repl.Pamp. 1981) and SCRA 1986,12-607, has certified to this Court fourteen separate constitutional questions involving novel…”
— N.M. Stat. § 34-2-8(B) — 1 case
Martinez v. Albuquerque Collection Services, Inc. (1994)
“” N.M.StatAnn. § 34-2-8(B) (Michie 1990 & Supp.”
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