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Repealed.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 — Laws 1997, ch. 8, § 14 repealed 34-2-8 NMSA 1978, as amended by Laws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) nm · cites it 4× “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) nm · cites it 4× “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) nm · cites it 4× “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) nm · cites it 4× “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) nm · cites it 4× “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City of Las Cruces v. El Paso Electric Co. (1998) nm · cites it 3× “NMSA 1978, § 34-2-8 (1993, repealed 1997); accord NMSA 1978, § 39-7-4 (effective July 1, 1997).”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) nm · cites it 4× “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) nm · cites it 4× “Mechem, District Judge, pursuant to Section 34-2-8, N.M.S.A. 1978 (Repl.Pamp.”
Swink v. Fingado (1993) nm · cites it 2× “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) nm · cites it 2× “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) nm · cites it 2× “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) nmd · cites it 2× “” N.M.StatAnn. § 34-2-8(B) (Michie 1990 & Supp.”
— N.M. Stat. § 34-2-8(A) — 1 case
Schlieter v. Carlos (1989) nm “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) nmd “” N.M.StatAnn. § 34-2-8(B) (Michie 1990 & Supp.”
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