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Section 39-7-7 - Contents of certification order.

NM Stat § 39-7-7 (2019) (N/A)
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A. A certification order must contain:

(1) the question of law to be answered;

(2) the facts relevant to the question, showing fully the nature of the controversy out of which the question arose;

(3) a statement acknowledging that the supreme court of this state, acting as the receiving court, may reformulate the question; and

(4) the names and addresses of counsel of record and parties appearing without counsel.

B. If the parties cannot agree upon a statement of facts, the certifying court shall determine the relevant facts and state them as part of its certification order.

History: Laws 1997, ch. 8, § 7.

Mineral lessee's implied surface right of reasonable ingress and egress to reach well located inside production unit that the lessee is operating pursuant to a pooling arrangement extends across lease boundaries within the unit to the surface of the entire area subject to the arrangement, regardless of where within the unit production is taking place. Eden v. Voss, 105 Fed. Appx. 234 (10th Cir. 2004).

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Section 39-7-6 - Certification order; record.
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Section 39-7-8 - Notice; response.