Construction.

Checkout our iOS App for a better way to browser and research.

The Declaratory Judgment Act [44-6-1 to 44-6-15 NMSA 1978] is declared to be remedial. The act's purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations, and is to be liberally construed and administered.

History: 1953 Comp., § 22-6-17, enacted by Laws 1975, ch. 340, § 14.

ANNOTATIONS

Actions not intended as substitute for mandamus. — Declaratory judgment actions are not intended to provide a substitute for other available actions, such as mandamus. A mandamus will not be denied on the ground that the plaintiff did not bring a declaratory judgment action. City of Albuquerque v. Ryon, 1987-NMSC-121, 106 N.M. 600, 747 P.2d 246.

Law reviews. — For survey, "Civil Procedure in New Mexico in 1975," see 6 N.M. L. Rev. 367 (1976).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 22A Am. Jur. 2d Declaratory Judgments §§ 7 to 10.

26 C.J.S. Declaratory Judgments §§ 3, 7, 8, 9.


Download our app to see the most-to-date content.