N.M. Stat. » N.M. Stat. / Chapter 45 / Article 1
New Mexico Statutes

N.M. Stat. § 45-1-402 (2026)

Notice; waiver.

✓ laws through the 2025 session (retrieved May 2026)
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A person, including a guardian ad litem, conservator or other fiduciary, may waive
notice either by a writing signed by the person and filed in the proceeding or by
appearance in the proceeding. A person for whom a guardianship or other protective
order is sought or a protected person may not waive notice.

History: 1953 Comp., § 32A-1-402, enacted by Laws 1975, ch. 257, § 1-402; 1995, ch.
210, § 3; 2009, ch. 159, § 23.

                                   ANNOTATIONS

Official comments. — See Commissioners on Uniform State Laws official comment to
1-402 UPC.

The 2009 amendment, effective June 19, 2009, after "protective order is sought",
deleted "a ward".

The 1995 amendment, effective July 1, 1995, added the second sentence.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61A Am. Jur. 2d Pleading § 396.

71 C.J.S. Pleading §§ 507, 564.
Notes of Decisions
Cited in 2 cases, 1992–1997 · leading case: In Re Guardianship of Sabrina Mae D., 835 P.2d 849 (N.M. Ct. App. 1992).
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In Re Guardianship of Sabrina Mae D., 835 P.2d 849 (N.M. Ct. App. 1992). · cites it 2× “See NMSA 1978, § 45-1-402 (Repl.Pamp.1989) (waiver of notice must either be in writing signed by individual and filed in the proceeding, or shown by party's appearance in the proceeding); see also Elder v.”
Marlaine F.G. v. Fasle, 1998-NMCA-003, 124 N.M. 468. · cites it 2× “We followed the provisions of the probate code involving guardianship of a minor, § 45-5-207(A)(3), and notice, NMSA 1978, §§ 45-1-401, -402 (1975), and held that the medical authorization document was not a valid waiver under Section 45-1-402 (waiver of notice must either be in…”
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