Rule 3-403 NMRA
Rule 3-403. Substitution of parties.
Length: 114 wordsOfficial source
A. Death or incompetency. If a party dies or becomes incompetent and the claim
is not extinguished or barred, the judge may, within ninety (90) days after notice of the
death or incompetency of the party is made in the file of the pending case, order a
substitution of the proper party or parties. If substitution is not so made, the action shall
be dismissed as to the deceased or incompetent party, without prejudice.
B. Transfer of interest. In case of any transfer of interest, the action may be
continued by or against the original party, unless the judge directs the person to whom
the interest is transferred to be substituted in the action.