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 37-2-5 - Death or cessation of power; procedure when right of action survives to or against coparty.

Section 37-2-5 - Death or cessation of power; procedure when right of action survives to or against coparty.

37-2-5. [Death or cessation of power; procedure when right of action survives to or against coparty.]

Where there are several plaintiffs or defendants in an action, and one of them dies, or his powers as a personal representative cease, if the right of action survives to or against the remaining parties, the action may proceed, the death of the party or the cessation of his powers being stated on the record.