New Mexico § 42-2-19 - Disqualification of judge; effect

Full text of New Mexico New Mexico Statutes Annotated § 42-2-19 — Disqualification of judge; effect, with citation guidance and answers to common questions.

§ 42-2-19. Disqualification of judge; effect

A. Whenever a party or parties to any special alternative proceeding in eminent domain

shall make and file an affidavit that the judge before whom the proceeding is pending,

whether he be the resident judge or a judge designated by such resident judge, cannot,

according to the belief of the party to said proceeding making such affidavit, preside

over the same with impartiality, such affidavit shall operate as an automatic severance

of the proceedings as to all tracts in which the disqualifying party or parties has

an interest. Nothing herein shall be construed to authorize separate trials of different interests

in the same tract. Another judge shall be designated for the trial of the proceeding as to the severed

portion thereof by agreement of counsel representing the respective parties. Upon the failure of such counsel to agree, then such facts shall be certified to

the chief justice of the supreme court of New Mexico, and the chief justice shall

thereupon designate the judge to try the severed portion of such proceeding. B. Such affidavit shall be filed within the time allowed for filing objections to

the preliminary order of entry and not thereafter.

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

Frequently Asked Questions About New Mexico § 42-2-19

What does New Mexico Statutes Annotated § 42-2-19 cover?

Section 42-2-19 ("Disqualification of judge; effect") 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 § 42-2-19?

A common citation format is "New Mexico Statutes Annotated § 42-2-19" (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 § 42-2-19 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.