(Download) "Southwest Underwriters v. Montoya" by New Mexico Supreme Court * eBook PDF Kindle ePub Free
eBook details
- Title: Southwest Underwriters v. Montoya
- Author : New Mexico Supreme Court
- Release Date : January 10, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
The Supreme Court adopted Rule of Civil Procedure 41(e), effective September 20, 1942, requiring the dismissal with prejudice of civil cases or proceedings in which the plaintiff or cross-complainant has failed to take action to bring such case to its final determination within two years after filing the complaint or cross-complaint. The New Mexico legislature, by ch. 132, Laws of 1965, purported to amend this rule by extending the time within which the plaintiff or cross-complainant must take such action to three years, and exempting cases and proceedings in which there is to be a jury from the dismissal requirement. This court amended the rule, extending the time for dismissal to three years, but included jury cases in such mandatory dismissal requirement. (The amended rule is applicable to cases filed in district court on or after July 1, 1967.)