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 37-2-4 - Death of party to pending action; no abatement; exceptions.

Section 37-2-4 - Death of party to pending action; no abatement; exceptions.

37-2-4. [Death of party to pending action; no abatement; exceptions.]

No action pending in any court shall abate by the death of either, or both, the parties thereto, except an action for libel, slander, malicious prosecution, assault or assault and battery, for a nuisance or against a justice of the peace [magistrate] for misconduct in office, which shall abate by the death of the defendant.