New Mexico § 44-3-4 - Who may bring action; private relators; when action lies

Full text of New Mexico New Mexico Statutes Annotated § 44-3-4 — Who may bring action; private relators; when action lies, with citation guidance and answers to common questions.

§ 44-3-4. Who may bring action; private relators; when action lies

An action may be brought by the attorney general or district attorney in the name

of the state, upon his information or upon the complaint of any private person, against

the parties offending in the following cases: A. when any person shall usurp, intrude into or unlawfully hold or exercise any public

office, civil or military, or any franchise within this state, or any office or offices

in a corporation created by authority of this state; or, B. when any public officer, civil or military, shall have done or suffered an act

which, by the provisions of law, shall work a forfeiture of his office; or, C. when any association or number of persons shall act, within this state, as a corporation

without being duly incorporated, or in case of a foreign corporation, without being

duly authorized, to do business within this state. The district attorneys in their respective judicial districts shall exercise the same

power and right given by this section to the attorney general in cases which may be

limited in their operation to the said district. When the attorney general or district attorney refuses to act, or when the office

usurped pertains to a county, incorporated village, town or city, or school district,

such action may be brought in the name of the state by a private person on his own

complaint.

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

Frequently Asked Questions About New Mexico § 44-3-4

What does New Mexico Statutes Annotated § 44-3-4 cover?

Section 44-3-4 ("Who may bring action; private relators; when action lies") 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 § 44-3-4?

A common citation format is "New Mexico Statutes Annotated § 44-3-4" (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 § 44-3-4 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.