New Mexico § 37-2-4 - Death of party to pending action; no abatement; exceptions

Full text of New Mexico New Mexico Statutes Annotated § 37-2-4 — Death of party to pending action; no abatement; exceptions, with citation guidance and answers to common questions.

§ 37-2-4. Death of party to pending action; no abatement; exceptions

No action pending in any court shall abate by the death of either, or both, the parties

thereto, except an action for libel, slander, malicious prosecution, assault or assault

and battery, for a nuisance or against a justice of the peace [magistrate] for misconduct

in office, which shall abate by the death of the defendant.

Source: official New Mexico text · Last verified 2026-08-27

Frequently Asked Questions About New Mexico § 37-2-4

What does New Mexico Statutes Annotated § 37-2-4 cover?

Section 37-2-4 ("Death of party to pending action; no abatement; exceptions") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Mexico § 37-2-4?

A common citation format is "New Mexico Statutes Annotated § 37-2-4" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Mexico law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.

How does New Mexico § 37-2-4 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.