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Rule 1-091.Adopting procedural statutes

Last verified June 26, 2026

In one sentenceRule 1-091 adopts existing and future statutes on pleading, practice, and procedure as rules of court, unless amended or vacated by Supreme Court order.

Full Text of Rule 1-091

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All statutes relating to pleading, practice and procedure in judicial proceedings in any of the courts of New Mexico, existing upon the taking effect of the act of the eleventh legislature, approved March 13, 1933, (L. 1933, c. 84) [Section 38-1-1, 38-1-2 NMSA 1978], and all statutes since enacted by any session of the legislature relating to said subjects, or any of them except as any of said statutes heretofore may have been or hereafter may be amended or vacated by order of this court, shall remain and be in effect and have full force and operation as rules of court.
End

Plain-English Summary

This rule absorbs procedural statutes into the rules. All statutes relating to pleading, practice, and procedure in New Mexico’s courts—those existing when the 1933 act took effect and those enacted since—remain in full force as rules of court, except as any of them have been or may be amended or vacated by order of the Supreme Court. This is the mechanism by which the Court can supersede a procedural statute by rule.

Frequently Asked Questions

How do procedural statutes relate to the court rules?

They are adopted as rules of court and remain in effect unless amended or vacated by Supreme Court order—which is how the Court can supersede a procedural statute by rule.

Source & verification. Rule text and Committee commentary reproduced verbatim from the New Mexico Rules of Civil Procedure for the District Courts (Rule 1-091 NMRA), published by the New Mexico Compilation Commission (NMOneSource). Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. · Official source
Also known as: adopting procedural statutesstatutes as rules of courtprocedural statutes