New Mexico Court Records
- Search By:
- Name
- Case Number
NewMexicoCourtRecords.us is not a consumer reporting agency as defined by the FCRA and does not provide consumer reports. All searches conducted on NewMexicoCourtRecords.us are subject to the Terms of Service and Privacy Notice.
What Is the Statute of Limitations in New Mexico?
In New Mexico, the statute of limitations establishes a specific time frame for plaintiffs to initiate legal action in criminal and civil cases. New Mexico courts usually dismiss civil lawsuits or criminal charges filed after this time limit has expired. The statute of limitations in New Mexico helps ensure fair trials and that juries base their decisions on fresh, reliable evidence and witness testimony.
How Long Is the Statute of Limitations in New Mexico?
Most civil lawsuits in New Mexico have a three-year statute of limitations, including personal injury, medical malpractice, and more. Others include four years for fraud, oral contracts, debt collection, and six years for written contract disputes.
In New Mexico, prosecutors typically have two years to file criminal charges for most misdemeanors. Felonies usually have a five-year statute of limitations. However, more severe offenses, such as second-degree murder and some other violent crimes, have a six-year statute of limitations. The absence of time limits for first-degree murder means such offenders may be charged at any time.
The table below summarizes the time limits for filing lawsuits in the state of New Mexico, depending on the type of criminal case.
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Misdemeanors | 2 years | Applies to most misdemeanor offenses. Example: minor theft, simple assault. |
| Felonies Capital and First Degree Violent 2nd Degree 3rd and 4th Degree | No limit 6 years 5 years | Crimes such as murder and aggravated sexual assault can be prosecuted at any time. |
| Infractions (Petty Misdemeanors) | 1 year | Minor offenses are often handled in lower courts. |
| Civil Statutes Personal Injury/Wrongful Death Written Contracts Oral Contracts/Fraud/Debt/Property | 3 years 6 years 4 years | Plaintiffs to file lawsuits for civil actions from the date of occurrence or discovery |
What Crimes Have No Statute of Limitations in New Mexico
Crimes with no statute of limitations in New Mexico include all capital offenses and first-degree violent offenses. This category comprises willful, planned, and premeditated killing; homicides while committing or attempting to commit a felony; or depraved-indifferent killings and first-degree murders. New Mexico regards these crimes as serious crimes against human dignity and the right to life. Consequently, the state strives to hold perpetrators accountable, regardless of when the crime occurred, emphasizing justice and public safety over time limits.
Common crimes in New Mexico include:
- Aggravated Assault
- Rape
- Murder
- Burglary
- Larceny theft
- Robbery
Criminal Statute of Limitations in New Mexico
New Mexico’s criminal statutes of limitations have varying time limits for bringing criminal charges in court. State prosecutors must adhere to these specified time limits when prosecuting cases.
The criminal statute of limitations in New Mexico is determined based on the severity of the offenses. It may be classified as follows: felonies, misdemeanors, and specific crimes (e.g., assault and battery, sexual offenses).
Felonies
- Capital felonies and first-degree violent felonies: No statute of limitations for offenses in this category (e.g., first-degree murder, second-degree murder). Prosecutors may bring criminal charges at any time.
- Second-degree felonies: 6 years from the date of the offense.
- Third- and fourth-degree felonies: 4 years from the date of the offense.
- Fraud and certain financial crimes: The statute of limitations for financial-related crimes is typically 4 years. However, the discovery rule may apply if the crime was not immediately discovered.
Misdemeanors
New Mexico law typically allows prosecutors to file misdemeanor charges within 2 years of the alleged offense. The statute of limitations for petty misdemeanors and infractions (minor violations) is one year.
Specific Crimes
Under New Mexico law, sexual crimes against children are regarded as first-degree felonies with no time limits. Lesser-degree sex offenses are classified under the general felony limits: 6 years for second-degree felonies and 5 years for third-/fourth-degree felonies.
Tolling
Criminal statutes of limitations may be tolled (paused) in instances where the accused person is out of state, fleeing, or evading arrest.
| Type of Problem or Case | Deadlines |
|---|---|
| Capital felonies & 1st-degree violent felonies, Sexual crimes against children (1st-degree felonies) | No time limit |
| 2nd-degree felonies 3rd- and 4th-degree felonies | 6 years from the date of offense occurrence 5 years from the date of the offense occurrence |
| Fraud & financial crimes Identity Theft | 4 years from the date of offense occurrence 5 years from the date of discovery |
| Petty misdemeanors / Infractions | 1 year from the date of offense occurrence |
| 6 years/5 years | 6 years/5 years |
Is There a Statute of Limitations on Attempted Murder?
Yes. New Mexico law classifies attempted murder as a second-degree felony crime, with a statute of limitations of six years. Per N.M. Stat. Ann. § 30-28-1, the penalty for an attempted crime is generally one degree lower than the penalty for the completed offense. This explains why murder is classified as a capital and first-degree violent felony (no statute of limitations) and attempted murder as a second-degree felony (6 years).
Statute of Limitations on Sexual Assault in New Mexico
In New Mexico, the statute of limitations for reporting or prosecuting sexual assault cases involving minors and adults is as follows:
Civil Statute of Limitations for Sexual Assault
- Under N.M. Stat. § 37-1-30, child victims have either until their 24th birthday or three years from the date they disclose the childhood abuse to a licensed medical provider or mental health counselor during care, whichever comes later.
- Adult victims (18 or older at the time of the incident) of sexual assault have three years from the date of the abuse to file a lawsuit.
Crimina Statute of Limitations for Sexual Assault
- There is no statute of limitations for the most serious crimes (e.g., criminal sexual penetration involving bodily harm) involving child sexual abuse in New Mexico. This means that prosecutors may bring criminal charges for a first-degree felony at any given time.
- Lesser crimes such as child abuse, sexual contact of a minor, and sexual exploitation of minors are subject to standard statutes of limitations, like 6 years for second-degree felonies and 5 years for third- or fourth-degree felonies.
- New Mexico has no deadline for prosecuting serious adult sexual assault crimes, such as aggravated criminal sexual penetration. Second-degree criminal charges are typically filed within six years, whereas lesser offenses have shorter deadlines.
Civil Statute of Limitations in New Mexico
Civil lawsuits in New Mexico usually vary depending on the cause of action. Civil claims such as fraud, legal malpractice, trespassing, personal property damage, and breach of oral contracts are typically filed within four years. Civil claim types with a three-year statute of limitations include personal injury, libel/slander, medical malpractice, and wrongful death. The court usually dismisses civil lawsuits not filed within set timeframes.
Typically, civil statutes of limitations in New Mexico begin on the day of the injury or accident. However, under the “Discovery of Harm” rule, the clock does not start until the injured party observes they have suffered harm. This rule typically applies to civil cases where injuries do not manifest immediately, such as medical malpractice, toxic medications, and product liability.
| Case | Time Since | The Law |
|---|---|---|
| Personal Injury | 3 years from the date of injury or discovery | (NMS §37-1-8) |
| Libel/Slander | 3 years from the date of the defamatory statement | (NMS § 37-1-8) |
| Personal Property Damage | 4 years from the date of the damage | (NMS § 37-1-4) |
| Trespass | 4 years from the date the trespass occurred | (NMS § 37-1-4) |
| Contracts - Written | 6 years from the date of breach | (NMS §37-1-3) |
| Contracts - Oral | 4 years from the date of breach | (NMS §37-1-4) |
| Medical Malpractice | 3 years from the date of malpractice (injury) | NMS §41-5-13 |
Statute of Limitations for Medical Malpractice in New Mexico
Under the New Mexico Medical Malpractice Act, patients have three years from the day of the malpractice, not the discovery, to file a lawsuit. The three-year time limit applies to “qualified” medical providers. Medical providers that do not “qualify” are subject to the “Discovery Rule”, meaning that the statute of limitations begins to run on the date the patient discovered or should have reasonably known about their injury.
Special Rules and Requirements
- New Mexico law requires plaintiffs to submit a written notice of intent to sue to the New Mexico Medical Review Commission before filing their malpractice lawsuit. This review panel assesses the claim prior to legal proceedings.
- Special tolling rules may apply if the individual making the malpractice claim is a minor under the age of six or is legally incapable.
- The statute of limitations for lawsuits against a government health facility or state-employed doctor is two years. The plaintiff is usually required to file a notice with the government entity within 90 days of the event.
Common medical malpractice cases in New Mexico include:
- Errors in Diagnosis
- A Failure to Treat
- Mistakes in Surgery
- Medication Errors
- Injuries in Childbirth
Statute of Limitations for Debt in New Mexico
The debt statute of limitations in New Mexico is a deadline within which creditors may bring a lawsuit against debtors to force them to pay their debts.
Under NMSA § 37-1-4, most consumer debts in New Mexico have a four-year statute of limitations. Such debts include unpaid credit card debt, personal loans (oral), medical bills, and auto loans.
Once the statute of limitations expires, creditors can no longer use legal action to recover debts. However, suppose a debtor makes a payment or acknowledges the debt in writing. In that case, it may reset the clock, giving the creditor a new time limit to file a lawsuit for debt recovery.
Debt Statute of Limitations in New Mexico
| Debt Type | Deadline |
|---|---|
| Credit Card | 4 years |
| Medical | 4 years |
| Auto Loan | 4 years |
| Personal Loan (written) | 6 years |
| Oral Contracts | 4 years |
| Auto Loan | 4 years |
| Mortgage | 6 years |
| Judgment | 14 years |
Statute of Limitations for Child Abuse and Child Support in New Mexico
Under NMSA § 30-1-8, the most serious child sexual abuse crimes, such as first-degree criminal sexual penetration of a child under age 13, are classified as first-degree violent felonies and do not have any statute of limitations.
Lesser child abuse crimes, such as sexual contact of a minor, and sexual exploitation of minors, are subject to standard statutes of limitations, such as 6 years for second-degree felonies and 5 years for third- or fourth-degree felonies.
For civil lawsuits, N.M. Stat. § 37-1-30, child victims of sexual abuse have until their 24th birthday or three years from the date they disclose the abuse to a licensed medical provider or mental health counselor during care, whichever comes later.
Child Support Enforcement in New Mexico
New Mexico does not have a statute of limitations on the collection of unpaid child support arrears. NMSA 1978, § 37-1-2.1 mandates the enforcement of child support judgments until back payments are collected in full.
NMSA 1978, Section 40-4-7(B)(3)(b) mandates child support until the minor turns 19. However, the law may extend child support until the individual turns 19 if they have special needs.
Some of the enforcement tools used by the state for collecting child support arrears include:
- Wage garnishment
- Tax refund intercepts
- License suspensions
- Liens on property
- Contempt proceedings