New Mexico’s adoption law is set forth under Ch. 32A, art. 5 NMSA 1978 (“Adoption Act”). The stated purposes of the Adoption Act are threefold: “A. establish procedures to effect a legal relationship between a parent and adopted child that is identical to that of a parent and biological child; B. provide for family relationships that will give the adopted child protection and economic security and that will enable the child to develop physically, mentally and emotionally to the maximum extent possible; and C. ensure due process protections.” Section 32A-5-2 NMSA 1978.

Procedure
Adoption procedures are described under Sections 32-5-25 to 35-2-40 NMSA 1978 of the Adoption Act. Some provisions that give further information on filing a petition for adoption include Section 32A-5-25 requiring that a “petition for adoption shall be filed within sixty days of the adoptee’s placement into the proposed adoptive home if the adoptee is under the age of one year”. Section 32A-5-26 describes in detail the contents of a petition for adoption. Section 32A-5-28 specifies the contents of a response to a petition for adoption. Section 32A-5-32 describes the procedures for and requirements of stepparent adoptions.

Forms
The State of New Mexico does not publish official adoption forms for the entire state. The Second District Court located in Bernalillo County has published some adoption forms on its website. For those New Mexicans outside of Bernalillo County seeking adoption forms, you can contact the Supreme Court Law Library by email at libref@nmcourts.gov and by phone at 505-827-4850 and we can provide you with a sample form. We recommend consulting with a licensed New Mexico Attorney to ensure that your documents comply with New Mexico law.

Other State Agencies
Other state agencies that regulate aspects of the adoption process include the Department of Children, Youth and Families (CYFD) and the New Mexico Department of Health (Bureau of Vital Records and Health Statistics).

Library Resources
You are welcome to visit the Law Library and browse our collection of print and electronic resources covering adoption law. Titles include:

• The ABA consumer guide to adopting a child: everything you need to know for a successful adoption by Robert A. Kasky and Jeffrey A. Kasky
• Advanced issues in adoption law
• Children and the law in a nutshell by Douglas E. Abrams, Sarah H. Ramsey, Susan Vivian Mangold
• Handling child custody, abuse and adoption cases by Ann M. Haralambie

The appeal process can arise in various contexts. The appeal process involves requesting the review of an administrative agency action or lower court decision by a higher court.

The appeal process may commence from a lower court such as the Magistrate (Rule 1-072 NMRA) Metropolitan (Rule 1-073 NMRA), Municipal (Rule 8-703 NMRA) or Probate Court (Rules 1B-101 and 1B-701 NMRA) to the District Court. Appeals to a District Court must occur in the same county as the original lower court. New Mexico Statues provide for the appeals in the arbitration process under Section 44-7A-29 NMSA 1978. Actions of administrative agencies are also subject to appeal (Rule 1-074 NMRA & Rule 1-075 NMRA) and certain agencies have their own appeal rules (Human Rights Commission (Rule 1-076 NMRA) and the Unemployment Compensation Bureau (Rule 1-077 NMRA).

The Rules of Appellate Procedure are set forth under Rule Set 12 NMRA. These rules govern procedure and pleadings before both the Court of Appeals and the Supreme Court. Supreme Court General Rule Rule 23-101 NMRA sets forth the basic contours of a Supreme Court hearing.

New Mexico has several official forms for use in the appellate process. These include:

• Form 4-707. Notice of appeal.
• Form 4-830. Writ of certiorari.
• Form 4-831. Petition for writ of certiorari in appeal pursuant to Unemployment Compensation Law.
• Form 4-832. Writ of certiorari in appeal pursuant to Unemployment Compensation Law.
• Form 9-607. Notice of appeal.
• Form 9-702. Petition for writ of certiorari to the district court from denial of habeas corpus.

The Law Library also has numerous titles in our print collection that can assist you in the appeal process. Here is sampling of materials:

• 18th Appellate practice institute/State Bar of New Mexico, Center for Legal Education, New Mexico State Bar Foundation
• How to process an appeal in the New Mexico Court of Appeals: a project of the New Mexico Court of Appeals and Appellate Courts Pro Se Committee.
• Appellate practice compendium

Effective January 1, 2020, the Criminal Records Expungement Act, Sections 29-3A-1 through 29-3A-9 NMSA 1978, took effect. This Act allows a qualifying individual to petition a court for expungement of a number of criminal and related public records.

Pursuant to that statute, the New Mexico Administrative Code (“NMAC”) Rule also took effect: Rule 10.2.2 NMAC Expungement of Arrest Records and Related Public Records

For additional information and suggested forms, see:

• The First Judicial District Court website
• The Second Judicial District Court website
• New Mexico ACLU Expungement information page

You can research and read the statutes relating to expungement and other New Mexico laws, as well as court rules, appellate court opinions, and official court forms by using the legal research tool NMOneSource.com on the New Mexico Compilation Commission website at https://nmonesource.com/nmos/en/nav.do.

The Law Library staff, like other Court employees, cannot perform direct legal research, offer legal advice, fill out forms, or interpret statutes. We recommend that you consult with an attorney for legal advice, and you may review NM Courts Self Representation for legal help resources and for a basic overview of the legal process.

United States History
In 1848, Mexico and the United States signed the Treaty of Guadalupe Hidalgo, ending the Mexican-American War and ceding the land that is now New Mexico to the United States. The treaty set the new boundary between Mexico and the U.S. and proclaimed to honor the property rights of inhabitants and their heirs as they had been under both the Spanish and Mexican governments.

In 1854, the U.S. Congress established the office of the Surveyor General of New Mexico to ascertain “the origin, nature, character, and extent to all claims to lands under the laws, usages, and customs of Spain and Mexico.” These duties included making recommendations to Congress concerning the validity of land grant claims.

In 1891, the US government established the Court of Private Land Claims to adjudicate land grant claims in New Mexico and other states. Some of the decisions of the Court of Private Land Claims were appealed by the United States Supreme Court. The court was disbanded in 1904.

Getting Started
Secondary resources are an excellent place to begin if you do not know the details of which land grant you are looking for or when and where it was adjudicated. There are a number of books, research reports, theses, and articles written by legal experts that have been published for others to retrace their research.

• David Benavides, Lawyer-induced partitioning of New Mexican land grants: an ethical travesty (1994)
• J. J. Bowden, Private Land Claims in the Southwest (1969) This is a 6-volume thesis of extensive research on the topic. The Law Library has one of the few print versions available for use only in the library. It includes summaries of individual land grant histories. The library staff can scan and send select pages requested for people who are unable to come here.
• Richard Wells Bradfute, The Court of Private Land Claims: the adjudication of Spanish and Mexican land grant titles, 1891-1904 (1975) Library staff can request to borrow this title from another library.
• David L. Caffey, Chasing the Santa Fe Ring: power and privilege in territorial New Mexico (2014)
• Center for Land Grant Studies, Land Grant Database https://www.southwestbooks.org/grantsaj.htm
• David Correia, Properties of violence: law and land grant struggle in northern New Mexico (2013)
• Roxanne Dunbar-Ortiz, Roots of resistance: a history of land tenure in New Mexico (2007)
• Malcolm Ebright, Spanish and Mexican Land Grants and the Law (1989)
• Malcolm Ebright, Land grants and lawsuits in northern New Mexico (1994)
• Malcolm Ebright, Four square leagues: Pueblo Indian Land in New Mexico (2014)
• Richard Griswold del Castillo, The Treaty of Guadalupe Hidalgo: a legacy of conflict (1990)
• William A. Keleher, Maxwell Land Grant (2008)
• William Morrow, Spanish and Mexican private land grants (1923)
• F. Stanley, The grant that Maxwell bought (2008)
• Robert J. Tórrez & Robert Trapp, Rio Arriba: a New Mexico county (2010)
• University of New Mexico Natural Resources Center. Remote claims impact study: Lot II Study of problems that result from Spanish and Mexican land grant claims (1980)
• Juan P. Valdez, Trespassers on our own land: Structured as an oral history of the Juan P. Valdez family and the land grants of northern New Mexico (2011)
• John R. and Christine M. Van Ness, Spanish & Mexican land grants in New Mexico and Colorado (1980)
• Victor Westphall, Thomas Benton Catron and his era (1973)
• Victor Westphall, Mercedes Reales: Hispanic land grants of the upper Rio Grande region (1983)
• White, Koch, Kelley, and McCarthy, Land title study (1971)

Select Journal articles:

• J. Bowden, “Spanish and Mexican Land Grants in the Southwest”, 8 Land & Water L. Rev. 467 (1973). Available through HeinOnline.
• Alvar W. Carlson, “Spanish-American Acquisition of Cropland within the Northern Pueblo Indian Grants, New Mexico.” Ethnohistory, Volume 2, Spring 1975, pp. 95-100. Available through JSTOR at https://www.jstor.org/stable/481640
• Iris Wilson Engstrand, “Land Grant Problems in the Southwest: The Spanish and Mexican Heritage.” New Mexico Historical Review 53, 4 (1978). Available at https://digitalrepository.unm.edu/nmhr/vol53/iss4/5
• Placido Gomez. “The History and Adjudication of the Common Lands of Spanish and Mexican Land Grants.” Natural Resources Journal, vol. 25, no. 4, 1985, pp. 1039–1080. Available at https://digitalrepository.unm.edu/nrj/vol25/iss4/11
• Phillip B. Gonzales, “Struggle for Survival: The Hispanic Land Grants of New Mexico, 1848-2001.” Agricultural History, vol. 77, no. 2, 2003, pp. 293–324. Available through JSTOR at jstor.org/stable/3744837.
• Myra Ellen Jenkins, “Spanish Land Grants in the Tewa Area.” New Mexico Historical Review 47, 2 (1972). Available at https://digitalrepository.unm.edu/nmhr/vol47/iss2/3
• George W. Julian, “Land-Stealing in New Mexico.” The North American Review, vol. 145, no. 368, 1887, pp. 17–31. Available through JSTOR at jstor.org/stable/25101255.
• A. Keleher, “Law of the New Mexico Land Grant.” New Mexico Historical Review 4, 4 (1929). Available at https://digitalrepository.unm.edu/nmhr/vol4/iss4/4
• Howard R. Lamar, “Land Policy in the Spanish Southwest, 1846-1891: A Study in Contrasts.” The Journal of Economic History, vol. 22, no. 4, 1962, pp. 498–515. Available through JSTOR at jstor.org/stable/2116109
• Sandra K. Mathews-Lamb, “Designing and Mischievous Individuals: The Cruzate Grants and the Office of the Surveyor General.” New Mexico Historical Review 71, 4 (1996). Available at https://digitalrepository.unm.edu/nmhr/vol71/iss4/3
• Victor Westphall, “Fraud and Implications of Fraud in the Land Grants of New Mexico.” New Mexico Historical Review 49, 3 (1974). Available at https://digitalrepository.unm.edu/nmhr/vol49/iss3/2

Primary Sources
Spanish and Mexican Law

• Reynolds, Matthew G., Spanish and Mexican land laws: New Spain and Mexico (1895) Available for use in the Law Library only.
• Spanish Archives of New Mexico Volume I (SANM I) The Spanish Archives of New Mexico were divided into two sections, the first being entirely dedicated to land grant claims. Ralph Emerson Twitchell first compiled and published a list of these documents with English translations in 1914. The Supreme Court Law Library has copies of both this and a later reprint available for use only in the Law Library.

New Mexico Statutes

• New Mexico Statutes Annotated 1978 Chapter 49 “Land Grants” Available in print in the Law Library and online at https://laws.nmonesource.com/w/nmos/Chapter-49-NMSA-1978#!b/a1
• 1953 New Mexico Statutes Annotated Sections 8-1-1 through 8-10-6 Only available in print in the New Mexico Supreme Court Law Library.
• 1941 New Mexico Statutes Annotated Chapter 9 “Community or Spanish Land Grants”. Available in print in the Law Library.
• 1929 New Mexico Statutes Annotated Chapter 29 “Community Land Grants” Available in print in the Law Library.
• 1915 New Mexico Statutes Annotated Chapter 22 “Community Land Grants” Available online through Gale Primary Sources and in print in the Law Library.
• 1897 Compiled Laws of New Mexico Chapter 22 “Land Grants” Available online through Gale Primary Sources and in print in the Law Library.
• 1884 Compiled Laws of New Mexico Chapter 22 “Land Grants” Available online through HeinOnline, Gale Primary Sources, and in print in the Law Library.

New Mexico Supreme Court Cases

• Available online at www.NMOnesource.com

Federal Government Reports

• Treaty of Guadalupe Hidalgo definition and list of community land grants https://www.gao.gov/assets/240/230014.pdf Preliminary report by the U. S. General Accounting Office.
• Treaty of Guadalupe Hidalgo: Findings and Possible Options Regarding Longstanding Community Land Grant Claims in New Mexico GAO-04-59 U.S.T. 2 (2004-06-04) Available through HeinOnline and GAO website https://www.gao.gov/products/GAO-04-59
• Reports of surveyor-general of New Mexico on private land claims Available through HeinOnline under U.S. Congressional Serial Set and in print for use only in the Law Library.
• Reports of the Governor of New Mexico to the Secretary of the Interior from 1885-1911 Available through HeinOnline under U.S. Congressional Serial Set and in print for use only in the Law Library.

Documents from Court of Private Land Claims

• Papers relating to New Mexico Land Grants Microfilm reels available for use in the Law Library.

US Supreme Court Decisions

• Westlaw and Lexis are both available to search in the Supreme Court Law Library.

US Supreme Court Transcripts

• Transcripts of court cases involving land grant disputes often include reproductions of evidence submitted during trial such as maps, patents, photographs, translations of the original grant, and testimonies.
• The Making of Modern Law: U.S. Supreme Court Records and Briefs, 1832-1978 Accessible in the Law Library and through Supreme Court’s Internet connection (WiFi and remote desktop).
• Private Land Claims (Volumes 2-41) Select transcripts of records and briefs appealing decisions of the Court of Private Land Claims before the U. S. Supreme Court. Available for use only in the Law Library.

New Mexico’s law regarding owner-resident relations (commonly known as landlord-tenant law) is set forth under Chapter 47 Article 8 of the New Mexico Statutes Annotated (the Owner-Resident Relations Act). The stated purpose of the Act is “to encourage the owners and the residents to maintain and improve the quality of housing in New Mexico.” § 47-8-2 NMSA 1978. While the New Mexico Legislature has established general standards for owner-resident relations for the entire state of New Mexico, local city ordinance may add certain extra requirements.

Obligations on Owner and Resident
State law requires that both owners and residents meet certain obligations. Under § 47-8-20 NMSA 1978 owners are obligated to maintain basic safety standards in common areas and provide basic access to utilities. Residents are obligated to not deliberately or negligently damage or destroy property and to refrain from disturbing the peace of other residents § 47-8-22 NMSA 1978.

Eviction
Generally, owners must give the resident notice prior to terminating a week-to-week rental agreement (§ 47-8-37 NMSA 1978). In the event of failure to pay rent, “within three days after written notice from the owner of nonpayment and his intention to terminate the rental agreement, the owner may terminate the rental agreement and the resident shall immediately deliver possession of the dwelling unit” (§ 47-8-33 NMSA 1978).

Forms for both landlords and tenants are available at NMCourts.gov:

• 4-901 – Three-day notice of nonpayment of rent
• 4-901A – Three day notice of substantial violation of rental agreement
• 4-902 – Seven day notice of noncompliance with rental agreement
• 4-902A – Resident’s seven-day notice of abatement or termination of rental agreement
• 4-903 – Thirty day notice to terminate rental agreement
• 4-904 – Petition by owner for restitution
• 4-905 – Summons and notice of trial on petition for writ of restitution
• 4-906 – Petition by resident for relief
• 4-907 – Answer to petition for restitution
• 4-909 – Judgment for restitution
• 4-913 – Writ of restitution (Restitution to owner)
• 4-913A – Order setting escrow deposit/appeal bond
• 4-914 – Writ of restitution
• 4-915 – Petition for post-judgment writ of replevin
• 4-916 – Post-judgment writ of replevin

Resources
New Mexico Legal Aid publishes a Renter’s Guide, providing a concise summary of owner-resident law in New Mexico. En Español. The New Mexico Landlord-Tenant Hotline is 505-930-5666.

The New Mexico Supreme Court Law Library also has numerous books that provide guidance to navigating rental law including:

• Every Landlord’s Legal Guide by Marcia Stewart & Attorney Janet Portman;
• Every Tenant’s Legal Guide by Marcia Stewart & Attorney Janet Portman;
• American Law of Landlord and Tenant by Robert S. Schoshinski and;
• Landlord and Tenant Law in a Nutshell by David S. Hill and Carol Necole Brown.

COVID-19
New Mexico Supreme Court Orders (No. 20-8500-007) and (No. 20-8500-008) address eviction for non-payment of rent during the COVID-19 pandemic.

In the aftermath of the COVID-19 health crisis, the following resources are available for helping tenants:

New Mexico Legal Aid COVID-19 Eviction Information Page https://www.newmexicolegalaid.org/node/228/coronavirus-updates

Emergency Rental Assistance Program https://www.renthelpnm.org/

 

Uniform legislation has a long history in New Mexico, dating back to at least Arie Poldervaart’s discussion of uniform legislation in Uniform Laws and New Mexico, published in 1954. The Uniform Law Commission, also known as the National Conference of Commissioners on Uniform State Laws and hereafter referred to as the Uniform Law Commission, was created in 1892 and the creator, or co-creator, of the majority of the uniform laws that are currently incorporated into the New Mexico Statutes Annotated. The Uniform Law Commission defines a uniform act as a law that is the same among various jurisdictions and the similarity and uniformity of the law is the primary or only goal of the legislation. The Uniform Law Commission defines a model act in a similar way, with the main difference being that uniformity is not the primary goal of the legislation and differences between jurisdictions are allowed for within the act. Uniform and model legislation generally aims to simplify interstate relations on subjects where states may often interact. Chapter 2, Article 4 of the New Mexico Statutes Annotated establishes a Commission for the Promotion of Uniform Legislation in New Mexico and the duties of the commissioners specifically mention uniform legislation on the topics of marriage and divorce.  Matters of domestic law uniform legislation include the Uniform Premarital Agreement Act, Uniform Interstate Family Support Act, Uniform Child Abduction Prevention Act, New Mexico Uniform Parentage Act, and Uniform Interstate Enforcement of Domestic Violence Protection Orders Act. However, a review of the New Mexico Statutes Annotated demonstrates that the inclusion and influence of uniform legislation on New Mexico statutory law extends far beyond matters of domestic law. What follows is a non-comprehensive list of some of this legislation by subject.

Criminal Law and Procedure

• Uniform Criminal Extradition Act 31-4-1 to 31-4-30 NMSA 1978
  • The Uniform Criminal Extradition Act deals with the interstate extradition of criminals.
  • This is the first example in the New Mexico Statutes Annotated discussed here where a piece of uniform legislation was developed by the Uniform Law Commission, and another entity, the Interstate Commission on Crime in this case.
• Uniform Act to Secure the Attendance of Witnesses From Without a State in Criminal Proceedings 31-8-1 to 31-8-6 NMSA 1978
  • This is cited in Poldervaart’s work on uniform state laws.
• Uniform Collateral Consequences of Conviction Act 31-29-1 to 31-29-16 NMSA 1978
  • The Uniform Collateral Consequences of Conviction Act provides criminal defendants with notice of the sanctions and/or disqualifications that will result from a plea or sentence, including disqualification from certain public benefits, inability to vote or possess a firearm, and other such consequences.

Civil Law and Procedure

• Uniform Contribution Among Tortfeasors Act 41-3-1 to 41-3-8 NMSA 1978
  • The Uniform Contribution Among Tortfeasors Act, which handles tort liability arising from the same claim. This piece of legislation is cited in Poldervaart’s work and although, it has been renamed over the years, is the creation of the Uniform Law Commission.
• Uniform Statute and Rule Construction Act 12-2A-1 to 12-2A-20 NMSA 1978
  • The Uniform Statute and Rule Construction Act is an act to standardize the construction of statutes and rules.
• Uniform Arbitration Act 44-7A-1 to 44-7A-32 NMSA 1978
  • The Uniform Arbitration Act provides for most aspects of arbitration process and practice in New Mexico.
• Uniform Unsworn Foreign Declarations Act 44-10-1 to 44-10-8 NMSA 1978
  • The Uniform Unsworn Foreign Declarations Act governs the validity and requirements of unsworn declarations outside of the United States.
• Uniform Electronic Transactions Act 14-16-1 to 14-16-21 NMSA 1978
  • The Uniform Electronic Transactions Act governs electronic transactions and records.

Trials and Judgments

• Uniform Child Witness Protective Measures Act 38-6A-1 to 38-6A-9 NMSA 1978
  • The Uniform Child Witness Protective Measures Act provides for alternative means of testifying for child witnesses in certain types of cases. This is actually an example of model legislation proposed by the Uniform Law Commission and is explicitly listed as both a model act and a uniform act by the Commission.
• Uniform Foreign-Country Money Judgments Recognition Act 39-4D-1 to 39-4D-11 NMSA 1978
  • The Uniform Foreign-Country Money Judgments Recognition Act provides for the recognition of foreign monetary judgments unless they fit one of the listed exceptions under the Act.
• Uniform Certification of Questions of Law Act 39-7-1 to 39-7-13 NMSA 1978
  • The Uniform Certification of Questions of Law Act deals with the certification of questions of law that come before courts in the state of New Mexico and issues of record, cost, and procedure that may arise.

Probate

• Uniform Probate Code Chapter 45 NMSA 1978
  • The Uniform Probate Code is itself a piece of uniform legislation governing the probate process and it includes the other pieces of uniform legislation listed under the probate category.
• Uniform Statutory Rule Against Perpetuities 45-2-901 to 45-2-906 NMSA 1978
• Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act 45-5A-101 to 45-5A-502 NMSA 1978
• Uniform Power of Attorney Act 45-5B-101 to 45-5B-403 NMSA 1978
• Uniform Real Property Transfer on Death Act 45-6-401 to 45-6-417 NMSA 1978
• Uniform Prudent Investor Act 45-7-601 to 45-7-612 NMSA 1978

Business and Commerce

• Uniform Partnership Act 54-1A-101 to 54-1A-1206 NMSA 1978
• Uniform Revised Limited Partnership Act 54-2A-101 to 54-2A-1206 NMSA 1978
  • Both of these govern how business partnerships are registered and run in New Mexico.
• Uniform Commercial Code Chapter 55 NMSA 1978
  • The predecessors of this are mentioned in Poldervaart’s work.
• Uniform Federal Lien Registration Act 48-1-1 to 48-1-7 NMSA 1978
  • The Uniform Federal Lien Registration Act provides for a uniform method of registering federal liens.
• Uniform Voidable Transactions Act 56-10-14 to 56-10-29 NMSA 1978
  • The Uniform Voidable Transactions Act covers the transfer of assets to hide from creditors and how such a situation is dealt with, as well as related transactions.
• Uniform Assignment of Rents Act 56-15-1 to 56-19-19 NMSA 1978
  • The Uniform Assignment of Rents Act involves commercial real estate.
• Uniform Trade Secrets Act 57-3A-1 to 57-3A-7 NMSA 1978
  • The Uniform Trade Secrets Act defines a trade secret, governs damages for disclosure, and includes related law.
• Model State Commodity Code 58-13A-1 to 58-13A-22 NMSA 1978
  • The Model State Commodity Code governs commodity and some securities transactions.
  • This is the only piece of model or uniform legislation not written by the Uniform Law Commission. The North American Securities Administrators Association wrote the Model State Commodity Code.
• New Mexico Uniform Securities Act 58-13C-101 to 58-13C-701 NMSA 1978
  • The New Mexico Uniform Securities Act governs the securities transactions not covered by the Model State Commodity Code.
• Uniform Money Services Act 58-32-101 to 58-32-1004 NMSA 1978
  • The Uniform Money Services Act governs aspects of retail banking, check cashing, and currency exchanges, as well as some related services.

Professions

• Uniform Law on Notarial Acts 14-14-1 to 14-14-11 NMSA 1978 [Repealed January 1, 2022]
• Revised Uniform Law on Notarial Acts 14-14A-1 to 14-14A-32 NMSA 1978 [Enacted January 1, 2022]
  • Both of these govern notaries and what they are allowed to do.
• Uniform Athlete Agents Act 61-14F-1 to 61-14F-19 NMSA 1978
  • The Uniform Athlete Agents Act provides regulation for student athletes, schools, and agents.

Trusts and Fiduciaries

• Uniform Trust Code Chapter 46A NMSA 1978
  • The Uniform Trust Code is itself a piece of uniform legislation governing trusts.
• Uniform Principal and Income Act 46-3A-101 to 46-3A-603 NMSA 1978
  • The following, unless otherwise stated, all govern the responsible direction and/or management of trust funds.
• Uniform Powers of Appointment Act 46-11-101 to 46-11-603 NMSA 1978
• Uniform Prudent Management of Institutional Funds Act 46-9A-1 to 46-9A-10 NMSA 1978
• Uniform Trust Decanting Act 46-12-101 to 46-12-129 NMSA 1978
• Uniform Directed Trust Act 46-14-1 to 46-14-18 NMSA 1978
• Revised Uniform Fiduciary Access to Digital Assets Act 46-13-1 to 46-13-18 NMSA 1978
  • The Revised Uniform Fiduciary Access to Digital Assets Act governs the fiduciary and custodian disclosure and use of digital assets to manage trust funds.
• Uniform Transfers to Minors Act 46-7-11 to 46-7-34 NMSA 1978
  • The Uniform Transfers to Minors Act governs the transfer of trust fund contents to minors and the use of a custodian for such funds among other issues that may arise with trust funds and minors.

Property

• Uniform Unclaimed Property Act 7-8A-1 to 7-8A-31 NMSA 1978
  • The Uniform Unclaimed Property Act deals with the disposition of unclaimed property and disposition of funds from the sale of such property.
• Uniform Real Property Electronic Recording Act 14-9A-1 to 14-9A-7 NMSA 1978
  • The Uniform Real Property Electronic Recording Act governs the electronic recording of real property.
• Uniform Partition of Heirs Property Act 42-5A-1 to 42-5A-13 NMSA 1978
  • The Uniform Partition of Heirs Property Act defines the division of certain types of real property covered by the Act in partition actions covered by the Act.
• Uniform Vendor and Purchaser Risk Act 47-1A-1 to 47-1A-2 NMSA 1978
  • The Uniform Vendor and Purchaser Risk Act outlines the rights and duties of the buyer and seller of real estate. Although perhaps not immediately evident, the Uniform Law Commission wrote this uniform legislation.
• Condominium Act 47-7A-1 to 47-7D-20 NMSA 1978 [The Compiler’s notes indicate that this is New Mexico’s version of the Uniform Condominium Act.]
  • The Condominium Act governs condominium law in New Mexico. Although the law is not named as such, the annotations to the Condominium Act make it clear that the Condominium Act is New Mexico’s version of the Uniform Condominium Act as proposed by the Uniform Law Commission.

Health Care

• Uniform Emergency Volunteer Health Practitioners Act 12-12A-1 to 12-12A-13 NMSA 1978
  • The Uniform Emergency Volunteer Health Practitioners Act is meant to help expedite and regulate the credentials of volunteer health workers in emergencies.
• Uniform Health-Care Decisions Act 24-7A-1 to 24-7A-18 NMSA 1978
  • The Uniform Health-Care Decisions Act mainly governs advance health care directives and issues arising from their use.

Voting

• Uniform Military and Overseas Voters Act 1-6B-1 to 1-6B-17 NMSA 1978
  • The Uniform Military and Overseas Voters Act governs voting processes for military and overseas citizens

Selected Print Resources

• Guidelines for Drafting and Editing Legislation
• Model Laws, Regulations and Guidelines
• New Mexico and the Uniform State laws
• Uniform Laws Annotated

Selected Electronic Resources

• National Conference of Commissioners on Uniform State Laws – Archive Publications
• Uniform State Laws in the United States [electronic resource]/Fully Annotated, by Charles Thaddeus Terry; Edited and Published under the Auspices and for the Purposes of the National Conference of Commissioners on Uniform State Laws (1920)
• The Supreme Court Law Library provides both print and electronic resources on the topic of uniform and model legislation to its patrons. All of the cited statutes are available on NMOneSource.com. The books on uniform legislation are available at a variety of call numbers in the library. A Special Titles list on uniform legislation is also available on the library’s online catalog. Please contact us if you have questions or if you would like assistance locating any of the library’s resources.