§ RULE 1-018. JOINDER OF CLAIMS AND REMEDIES

Codes > New Mexico Rules of Civil Procedure for the District Courts > Article 4 > RULE 1-018.

RULE 1-018. JOINDER OF CLAIMS AND REMEDIES

A. Joinder of Claims. The plaintiff in his complaint or in a reply setting forth a counterclaim and the defendant in an answer setting forth a counterclaim may join either as independent or as alternate claims as many claims either legal or equitable or both as he may have against an opposing party. There may be a like joinder of claims when there are multiple parties if the requirements of Rules 1-019, 1-020 and 1-022 are satisfied. There may be a like joinder of cross-claims or third-party claims if the requirements of Rules 1-013 and 1-014 respectively are satisfied.

B. Joinder of Remedies; Fraudulent Conveyances. Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court shall grant relief in that action only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to him, without first having obtained a judgment establishing the claim for money.