NM Bar Civil Procedure & Evidence 1 — Questions and Answers
Question 1: What is the statute of limitations for personal injury claims in New Mexico?
- Three years from the date of injury (Correct answer)
- One year from the date of injury
- Five years from the date of injury
- Ten years from the date of injury
Correct answer: Three years from the date of injury
New Mexico's statute of limitations for personal injury claims is three years from the date of injury under NMSA 1978, § 37-1-8.
Question 2: What is pure comparative fault as applied in New Mexico?
- A plaintiff can recover damages even if they are 99% at fault, reduced by their percentage of fault (Correct answer)
- A plaintiff cannot recover if they are more than 50% at fault
- A plaintiff cannot recover any damages if they bear any fault
- Fault is not considered in New Mexico negligence cases
Correct answer: A plaintiff can recover damages even if they are 99% at fault, reduced by their percentage of fault
New Mexico follows pure comparative fault, allowing a plaintiff to recover damages even if they are 99% at fault, with their recovery reduced by their percentage of responsibility.
Question 3: What are the requirements for filing a medical malpractice claim in New Mexico?
- A mandatory review by a medical review commission before filing a lawsuit (Correct answer)
- No special requirements beyond standard civil procedure
- Filing with the state medical board only
- Obtaining approval from the state attorney general
Correct answer: A mandatory review by a medical review commission before filing a lawsuit
New Mexico requires medical malpractice claims to be submitted to the Medical Review Commission for review before a lawsuit can be filed, as part of the Medical Malpractice Act.
Question 4: What is the hearsay rule and what are common exceptions under New Mexico evidence law?
- Out-of-court statements offered for truth are inadmissible unless an exception applies, such as excited utterances or business records (Correct answer)
- All out-of-court statements are admissible in New Mexico courts
- Hearsay is only excluded in criminal cases
- New Mexico has no hearsay rule
Correct answer: Out-of-court statements offered for truth are inadmissible unless an exception applies, such as excited utterances or business records
The hearsay rule (Rule 11-802 NMRA) excludes out-of-court statements offered to prove the truth of the matter asserted, with recognized exceptions including excited utterances, business records, and statements for medical treatment.
Question 5: What are the discovery methods available in New Mexico civil litigation?
- Interrogatories, depositions, requests for production, requests for admission, and physical/mental examinations (Correct answer)
- Only written interrogatories
- Discovery is not permitted in New Mexico courts
- Only depositions conducted in the courthouse
Correct answer: Interrogatories, depositions, requests for production, requests for admission, and physical/mental examinations
New Mexico civil procedure provides multiple discovery tools: written interrogatories, oral depositions, requests for production of documents, requests for admissions, and court-ordered physical or mental examinations.
Question 6: What is the New Mexico Tort Claims Act and how does it affect lawsuits against government entities?
- It waives sovereign immunity for certain tort claims while imposing caps on damages against governmental entities (Correct answer)
- It completely prohibits all lawsuits against the government
- It allows unlimited damages against government entities
- It only applies to federal government employees in New Mexico
Correct answer: It waives sovereign immunity for certain tort claims while imposing caps on damages against governmental entities
The New Mexico Tort Claims Act (NMSA 1978, §§ 41-4-1 to 41-4-30) waives sovereign immunity for specific categories of torts while imposing damage caps and procedural requirements for suing governmental entities.
