New Mexico Statutes

N.M. Stat. § 39-7-5 (2026)

Power to reformulate question.

✓ current as of May 2026
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The supreme court of this state may reformulate a question of law certified to it.

History: Laws 1997, ch. 8, § 5.
Notes of Decisions
Cited in 4 cases, 2004–2011 · leading case: Lobato v. New Mexico Env't Dep't., 2012 NMSC 2 (N.M. 2011).
Lobato v. New Mexico Env't Dep't., 2012 NMSC 2 (N.M. 2011). · cites it 2× “Having accepted certification, we reformulate those questions, as permitted by NMSA 1978, Section 39-7-5 (1997): (1) Does the NMHRD’s Charge of Discrimination form, which instructs filers to identify the alleged discrimination by the name and address of the discriminating agency…”
Jolley v. Associated Elec. & Gas Ins. Servs. Ltd., 2010 NMSC 29 (N.M. 2010). · cites it 2× “Pursuant to NMSA 1978, Section 39-7-5 (1997), we reformulate the certified questions as follows: (1) Whether Plaintiff, a third-party claimant, has a statutory bad faith cause of action against AEGIS, an excess liability insurer, for failure to settle an underlying lawsuit,…”
Jolley v. AEGIS, 237 P.3d 738 (N.M. 2010). · cites it 2× “Pursuant to NMSA 1978, Section 39-7-5 (1997), we reformulate the certified questions as follows: (1) Whether Plaintiff, a third-party claimant, has a statutory bad faith cause of action against AEGIS, an excess liability insurer, for failure to settle an underlying lawsuit,…”
Kysar v. Amoco Prod. Co., 93 P.3d 1272 (N.M. 2004). “See § 39-7-5 (describing our power to reformulate the certified questions); Rule 12-607(C)(4) (describing the contents of the certification order).”
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