SENATE BILL 105

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Steve Komadina

AN ACT

RELATING TO COMMON LAW; LIMITING THE CREATION AND MODIFICATION OF CAUSES OF ACTION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 38-1-3 NMSA 1978 (being Laws 1875-1876, Chapter 2, Section 2, as amended) is amended to read:

     "38-1-3. COMMON LAW ADOPTED--[SECTION 1]LIMITING NEW CAUSES OF ACTION.--In all the courts in this state, the common law as recognized in the United States [of America] shall be the rule of practice and decision; provided that the courts shall not create a new cause of action or otherwise alter, modify or evolve a common law cause of action to address an issue before the court except for writs of the supreme court necessary or proper for the complete exercise of its jurisdiction."