New Mexico § 38-3-3 Change of venue in civil and criminal cases

New Mexico Statutes

§ 38-3-3 — Change of venue in civil and criminal cases

New Mexico § 38-3-3

Ch. 38Trials

Art. 3Venue; Change of Judge

This text of New Mexico § 38-3-3 (Change of venue in civil and criminal cases) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 38-3-3 (2026).

Text

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

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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.