AN ACT
RELATING TO THE COURTS; AMENDING AND
REPEALING SECTIONS OF THE NMSA 1978 REGARDING VENUE IN THE COURTS; DECLARING AN
EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. Section 38-3-3 NMSA 1978 (being Laws 1929,
Chapter 60, Section 1, as amended) is amended to read:
"38-3-3. CHANGE OF VENUE IN CIVIL AND CRIMINAL
CASES.--The venue in all civil and criminal cases shall be changed, upon
motion, to another county free from exception:
A. whenever the judge is interested in the
result of the case or is related to or has been counsel for any of the parties;
or
B. when the party moving for a change files in
the case an affidavit of himself, his agent or attorney, that he believes he
cannot obtain a fair trial in the county in which the case is pending because:
(1) the adverse party has undue influence over
the minds of the inhabitants of the county;
(2) the inhabitants of the county are prejudiced
against the party;
(3) of public excitement or local prejudice in
the county in regard to the case or the questions involved in the case, an
impartial jury cannot be obtained in the county to try the case; or
(4) of any other cause stated in the
affidavit."
Section 2. REPEAL.--Section 38-3-8 NMSA 1978 (being Laws
1889, Chapter 77, Section 4, as amended) is repealed.
Section 3. EMERGENCY.--It is necessary for the public
peace, health and safety that this act take effect immediately.
HB 181
Page 2