NM Bar Civil Procedure & Evidence

Question 1

What is the statute of limitations for personal injury claims in New Mexico?

Accepted Answer

Three years from the date of injury

Answer

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?

Accepted Answer

A plaintiff can recover damages even if they are 99% at fault, reduced by their percentage of fault

Answer

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?

Accepted Answer

A mandatory review by a medical review commission before filing a lawsuit

Answer

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?

Accepted Answer

Out-of-court statements offered for truth are inadmissible unless an exception applies, such as excited utterances or business records

Answer

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?

Accepted Answer

Interrogatories, depositions, requests for production, requests for admission, and physical/mental examinations

Answer

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.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar Civil Procedure & Evidence