New Mexico Statutes

N.M. Stat. § 37-2-5 (2026)

[Death or cessation of power; procedure when right of

✓ current as of May 2026

Find cases: SyfertCases citing this section NM-LEGnmonesource.com JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

action survives to or against coparty.]
    Where there are several plaintiffs or defendants in an action, and one of them dies,
or his powers as a personal representative cease, if the right of action survives to or
against the remaining parties, the action may proceed, the death of the party or the
cessation of his powers being stated on the record.

History: Laws 1884, ch. 5, § 3; C.L. 1884, § 2140; C.L. 1897, § 3089; Code 1915, §
4266; C.S. 1929, § 105-1204; 1941 Comp., § 19-705; 1953 Comp., § 21-7-5.

                                    ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not
part of the law.

Cross references. — For powers of surviving personal representative, see 45-3-718
NMSA 1978.

For rule regarding substitution of parties in the event of various contingencies, see Rule
1-025 NMRA.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 1 Am. Jur. 2d Abatement, Survival and
Revival § 45 et seq.

1 C.J.S. Abatement and Revival §§ 122 to 124, 162.

Notes of Decisions

Cited in 1 case, 1984–1984 · leading case: Stephen v. Phillips, 689 P.2d 939 (N.M. Ct. App. 1984).

Sort: Relevance Newest Treatment

Stephen v. Phillips, 689 P.2d 939 (N.M. Ct. App. 1984). · cites it 2× “NMSA 1978, § 37-2-5. The judgment dismissing' plaintiff’s claims against Stella and requiring Stella to pay pursuant to the accord and satisfaction is affirmed.”

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.