The Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] is declared to be
remedial. The act's purpose is to settle and to afford relief from uncertainty and
insecurity with respect to rights, status and other legal relations, and is to be liberally
construed and administered.
History: 1953 Comp., § 22-6-17, enacted by Laws 1975, ch. 340, § 14.
ANNOTATIONS
Actions not intended as substitute for mandamus. — Declaratory judgment actions
are not intended to provide a substitute for other available actions, such as mandamus.
A mandamus will not be denied on the ground that the plaintiff did not bring a
declaratory judgment action. City of Albuquerque v. Ryon, 1987-NMSC-121, 106 N.M.
600, 747 P.2d 246.
Law reviews. — For survey, "Civil Procedure in New Mexico in 1975," see 6 N.M. L.
Rev. 367 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Declaratory Judgments
§§ 7 to 10.
26 C.J.S. Declaratory Judgments §§ 3, 7, 8, 9.
Notes of Decisions
Smith v. City of Santa Fe, 2006-NMCA-048, 133 P.3d 866.
· cites it 4× “municipal ordinance ... may have determined any question of construction or validity arising under the .”
Gallegos v. Nevada Gen. Ins., 2011-NMCA-004, 248 P.3d 912.
· cites it 2× “” Section 44-6-14. However, “[wjhen declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.”
Chronis v. State ex rel. Rodriguez, 670 P.2d 953 (N.M. 1983).
· cites it 2× “" § 44-6-14. To compel the licensees to await a summary suspension of their licenses before judicial review would frustrate the purpose of the Declaratory Judgment Act.”
City of Albuquerque v. Ryon, 747 P.2d 246 (N.M. 1987).
· cites it 2× “The purpose of declaratory judgment is “to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations * * * * ” NMSA 1978, § 44-6-14. It also serves to relieve litigants of the common-law rule that no declaration of…”
San Juan Water Comm'n v. Taxpayers & Water Users, 860 P.2d 748 (N.M. 1993).
· cites it 2× “Rule 19, however, does not require joinder of every taxpayer or citizen in the area, and neither does Section 44-6-12 of the Declaratory Judgment Act.”
Grain Dealers Mut. Ins. v. Reed, 734 P.2d 1269 (N.M. 1987).
· cites it 2× “NMSA 1978, § 44-6-14. That remedy is to be obtained in accordance with our Rules of Civil Procedure for the District Courts.”
Martinez v. Conner, No. 1:20-cv-01284 (D.N.M. May 3, 2021).
“New Mexico law further provides that “[w]hen declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.”
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.