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Section 42-2-18 - Application of Rules of Civil Procedure.

NM Stat § 42-2-18 (2019) (N/A)
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The Rules of Civil Procedure shall apply to the special alternative procedure in eminent domain except where special provisions are found in the special alternative procedure which conflict with the Rules of Civil Procedure and then the Rules of Civil Procedure shall not apply.

History: 1953 Comp., § 22-9-56, enacted by Laws 1963, ch. 248, § 2.

Rule and section similar in effect. — There is no material difference in the effect of Rule 1-001 NMRA and this section. Both provide that the Rules of Civil Procedure shall apply to eminent domain proceedings except where there are inconsistent rules or statutory provisions. State ex rel. State Hwy. Comm'n v. Burks, 1968-NMSC-121, 79 N.M. 373, 443 P.2d 866.

Depositions and discovery by defendant permitted. — Trial court did not err in authorizing defendants to propound interrogatories, obtain production of documents and take a deposition based thereon under the statute. State ex rel. State Hwy. Dep't v. Fox Trailer Court, 1971-NMSC-097, 83 N.M. 178, 489 P.2d 1176.

Rules for dismissal of actions is applicable to highway condemnation proceeding. State ex rel. State Hwy. Comm'n v. Burks, 1968-NMSC-121, 79 N.M. 373, 443 P.2d 866.

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