Statutes > New Mexico Statutes > Chapter 37 - Limitation of Actions; Abatement and Revivor. > Article 2 - Abatement and Revivor, 37-2-1 through 37-2-17. > Section 37-2-15 - When action to be stricken from docket.

Section 37-2-15 - When action to be stricken from docket.

37-2-15. [When action to be stricken from docket.]

When it appears to the court by affidavit that either party to an action has been dead, or where a party sues, or is sued as a personal representative, that his powers have ceased for a period so long that the action cannot be revived in the names of his representatives or successor, without the consent of both parties, it shall order the action to be stricken from the docket.