New Mexico Statutes
N.M. Stat. § 57-1-9 (2026)
Election of remedies
✓ current as of May 2026
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The obtaining of a judgement under the Antitrust Act to assess a civil penalty against a person shall be an election of remedies to not bring a criminal prosecution against such person under the Antitrust Act. The institution of a criminal prosecution under that act against a person by filing an information or complaint or returning an indictment shall be an election of remedies not to bring suit to assess a civil penalty against such person under that act.
History: 1978 Comp., § 57-1-9, enacted by Laws 1979, ch. 374, § 10.
ANNOTATIONS
Law reviews. — For article, "New Mexico Antitrust Law," see 9 N.M.L. Rev. 339 (1979).
Notes of Decisions
Cited in 1
case, 1974–1974 · leading case: Panzer v. Panzer, 528 P.2d 888 (N.M. 1974).
Panzer v. Panzer, 528 P.2d 888 (N.M. 1974). “§ 57-1-9, N.M.S.A.1953. It follows that the trial court erred in awarding permanent alimony and attorney’s fees.”
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