0001|                           HOUSE BILL 1137
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                          R. DAVID PEDERSON
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO COURTS; MODIFYING THE CONDITIONS AND PROCEDURES
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0012|     REQUIRED FOR A CHANGE OF VENUE IN CIVIL AND CRIMINAL CASES.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  Section 38-3-3 NMSA 1978 (being Laws 1929,
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0016|     Chapter 60, Section 1, as amended) is amended to read:
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0017|          "38-3-3.  CHANGE OF VENUE IN CIVIL AND CRIMINAL CASES.--
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0018|               A.  The venue in all civil and criminal cases shall
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0019|     be changed <u>by transfer</u>, upon motion, to <s>[some]</s> <u>a</u> county
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0020|     free from exception:
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0021|                    (1)  whenever the judge is interested in the
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0022|     result of the case or is related to or has been counsel for any
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0023|     of the parties; or
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0024|                    (2)  when the party moving for a change files
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0025|     in the case an affidavit of himself, his agent or attorney,
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0001|     that he believes he cannot obtain a fair trial in the county in
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0002|     which the case is pending because:
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0003|                         (a)  the adverse party has undue
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0004|     influence over the minds of the inhabitants of the county;
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0005|     <s>[or]</s>
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0006|                         (b)  the inhabitants of the county are
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0007|     prejudiced against the party; <s>[or]</s>
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0008|                         (c)  because of public excitement or
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0009|     local prejudice in the county in regard to the case or the
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0010|     questions involved <s>[therein]</s> <u>in the case</u>, an impartial jury
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0011|     cannot be obtained in the county to try the case; or
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0012|                         (d)  any other cause stated in the
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0013|     affidavit.
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0014|               <u>B.  For the convenience of parties and witnesses,
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<u></u>0015| <u>    and in the interest of justice, a district court may transfer
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<u></u>0016| <u>    any civil action to any other county where it might have been
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<u></u>0017| <u>    brought.</u>
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0018|               <s>[B.]</s> <u>C.</u>  Any party in any civil or criminal case
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0019|     at issue who desires a change of venue from the county in which
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0020|     the case is pending <s>[and who objects to a change of venue to
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<s></s>0021| <s>    any other county within the same judicial district for any of
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<s></s>0022| <s>    the grounds stated in Subsection A of this section]</s> shall move
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0023|     for a change of venue <s>[on or before the first day of any
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<s></s>0024| <s>    regular or special term of court.
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<s></s>0025| <s>              C.  If the motion for change of venue is filed in
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<s></s>0001| <s>    vacation, five days' notice of the time and place of presenting
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<s></s>0002| <s>    the motion must be given to the opposite party or his
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<s></s>0003| <s>    attorney]</s> <u>within ten days after the latter of:
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<u></u>0004| <u>                   (1)  the filing of the first pleading or motion
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<u></u>0005| <u>    by that party, except an entry of appearance; or
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<u></u>0006| <u>                   (2)  a mailing by the clerk of a notice of
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<u></u>0007| <u>    change of venue</u>."
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0008|                                  
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