§ RULE 2-403. SUBSTITUTION OF PARTIES

Codes > New Mexico Rules of Civil Procedure for the Magistrate Courts > Article 4 > RULE 2-403.

RULE 2-403. SUBSTITUTION OF PARTIES

A. Death or Incompetency. If a party dies or becomes incompetent and the claim is not extinguished or barred, the magistrate may, within ninety (90) days after notice of the death or incompetency of the party is made in the file of the pending case, order a substitution of the proper party. If substitution is not so made, the action shall be dismissed as to the deceased or incompetent party, without prejudice.

B. Transfer of Interest. In case of any transfer of interest, the action may be continued by or against the original party, unless the magistrate directs the person to whom the interest is transferred to be substituted in the action.