New Mexico § 44-3-8 - Time of hearing demurrer, amending complaint, filing answer and trial; application for continuance
Full text of New Mexico New Mexico Statutes Annotated § 44-3-8 — Time of hearing demurrer, amending complaint, filing answer and trial; application for continuance, with citation guidance and answers to common questions.
§ 44-3-8. Time of hearing demurrer, amending complaint, filing answer and trial; application for continuance
If a demurrer to the complaint in such actions be filed by the defendant the same
shall be heard and determined within six days from the date of service of a copy upon
counsel for the plaintiff and relator, and if the demurrer is sustained, plaintiff
and relator will be given not to exceed five days to amend the complaint, and if it
is overruled then the defendant shall have a like time to file the answer, provided
that upon good cause shown the court may extend the time of either party, but in no
event shall the time be extended to either party more than four days. The issue as finally made shall stand for trial forthwith; and no continuance of
any such cause shall be granted upon the application of either party unless he shall
show the absence of a witness or other testimony and they shall be deemed material
by the court. The plaintiff or relator may traverse or offer counter evidence to the facts set
forth in such application for continuance.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 44-3-8
What does New Mexico Statutes Annotated § 44-3-8 cover?
Section 44-3-8 ("Time of hearing demurrer, amending complaint, filing answer and trial; application for continuance") 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 § 44-3-8?
A common citation format is "New Mexico Statutes Annotated § 44-3-8" (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 § 44-3-8 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.