New Mexico § 38-3-1 - County in which civil action in district court may be commenced

§ 38-3-1. County in which civil action in district court may be commenced

All civil actions commenced in the district courts shall be brought and shall be commenced

in counties as follows and not otherwise: A. First, except as provided in Subsection F of this section relating to foreign corporations,

all transitory actions shall be brought in the county where either the plaintiff or

defendant, or any one of them in case there is more than one of either, resides;

or second, in the county where the contract sued on was made or is to be performed

or where the cause of action originated or indebtedness sued on was incurred; or

third, in any county in which the defendant or either of them may be found in the

judicial district where the defendant resides. B. When the defendant has rendered himself liable to a civil action by any criminal

act, suit may be instituted against the defendant in the county in which the offense

was committed or in which the defendant may be found or in the county where the plaintiff

resides. C. When suit is brought for the recovery of personal property other than money, it

may be brought as provided in this section or in the county where the property may

be found. D. (1) When lands or any interest in lands are the object of any suit in whole or

in part, the suit shall be brought in the county where the land or any portion of

the land is situate. (2) Provided that where such lands are located in more than one county and are contiguous,

that suit may be brought as to all of the lands in any county in which a portion of

the lands is situate, with the same force and effect as though the suit had been prosecuted

in each county in which any of the lands are situate. In all such cases in which suit is prosecuted in one county as to contiguous lands

in more than one county, notice of lis pendens shall be filed pursuant to Sections 38-1-14 and 38-1-15 NMSA 1978 in each county. For purposes of service of process pursuant to Rule 4 1 of the Rules of Civil Procedure for the District Courts, any such suit involving

contiguous lands located in more than one county shall be deemed pending in each county

in which any portion of the land is located from the date of filing of the lis pendens

notice. E. Suits for trespass on land shall be brought as provided in Subsection A of this

section or in the county where the land or any portion of the land is situate. F. Suits may be brought against transient persons or non-residents in any county of

this state, except that suits against foreign corporations admitted to do business

and which designate and maintain a statutory agent in this state upon whom service

of process may be had shall only be brought in the county where the plaintiff, or

any one of them in case there is more than one, resides or in the county where the

contract sued on was made or is to be performed or where the cause of action originated

or indebtedness sued on was incurred or in the county where the statutory agent designated

by the foreign corporation resides. G. Suits against any state officers as such shall be brought in the court of the county

in which their offices are located, at the capital or in the county where a plaintiff,

or any one of them in case there is more than one, resides, except that suits against

the officers or employees of a state educational institution as defined in Article 12, Section 11 of the constitution of New Mexico , as such, shall be brought in the district court of the county in which the principal

office of the state educational institution is located or the district court of the

county where the plaintiff resides. 1

NMRA Rule 1-004.