N.M. Stat. » Chapter 39 — Judgments, Costs, Appeals
New Mexico Statutes

N.M. Stat. § 39-2-3 (2026)

[Unnecessary splitting of actions.]

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When any plaintiff shall bring in the same court several suits against the same defendant that may be joined, and whenever any plaintiffs shall bring in the same court several suits against several defendants that may be joined, the plaintiff shall recover only the costs of one action, and the costs of the other actions shall be adjudged against him unless sufficient reason appear to the court for bringing several actions.

History: Laws 1897, ch. 73, § 129; C.L. 1897, § 2685(129); Code 1915, § 4223; C.S. 1929, § 105-839; 1941 Comp., § 29-102; 1953 Comp., § 25-1-2.

ANNOTATIONS

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

Cross references. — For joinder of claims and remedies, see Rule 1-018 NMRA. For consolidation and separate trials, see Rule 1-042 NMRA.

Not error to render default judgment without motion for costs security. — After an answer to a verified complaint has been stricken as "sham and unverified," and the defendant has elected not to amend, but to stand on his answer, it is not error to render a default judgment without first acting on his motion for security for costs. Pilant v. S. Hirsch & Co., 1907-NMSC-003, 14 N.M. 11, 88 P. 1129.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Separate suits against parties who might have been sued jointly, right to costs in both actions, 6 A.L.R. 623.

20 C.J.S. Costs § 27.

Notes of Decisions
Cited in 1 case, 1972–1972 · leading case: Wimberly v. New Mexico State Police Bd., 497 P.2d 968 (N.M. 1972).
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Wimberly v. New Mexico State Police Bd., 497 P.2d 968 (N.M. 1972). · cites it 2× “” § 39-2-3, N.M.S.A. (1953 Comp.). “No member of the state police holding a permanent commission shall be removed from office, demoted or suspended except for incompetence, neglect of duty, violation of a published rule of conduct, malfeasance in office, or conduct unbecoming an…”
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