§ RULE 1-057. DECLARATORY JUDGMENTS

Codes > New Mexico Rules of Civil Procedure for the District Courts > Article 7 > RULE 1-057.

RULE 1-057. DECLARATORY JUDGMENTS

A. Procedure. The procedure for obtaining a declaratory judgment shall be in accordance with these rules, and the right to trial by jury may be demanded under the circumstances and in the manner provided in Rules 1-038 and 1-039. The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar.

B. Procedure When State a Party. In all actions where the State of New Mexico is a party, the summons to be issued, together with a copy of the complaint or petition thereto attached, shall be personally served upon the governor and the attorney general of the State of New Mexico. The state shall thereupon be required to answer or plead to the complaint or petition and serve copy thereof within twenty (20) days after service upon the last served of the two officials above named.