New Mexico House Bill HB406

New Mexico 2023 Regular Session

• Introduced: 2/14/23

Caption

Revival Of Certain Court Cases

Impact

This bill has significant implications for the judicial system in New Mexico. By reviving cases that were affected during the pandemic, HB406 seeks to uphold the rights of citizens to pursue legal matters that were previously stalled. It not only aims to restore access to the courts for claimants but also intends to alleviate some of the burden on the legal system resulting from the pandemic-induced delays. The revival process is subject to certain conditions, including a provision that prevents dismissal for lack of prosecution under specific circumstances related to the pandemic.

Summary

House Bill 406 is designed to allow certain civil cases that were dismissed due to lack of prosecution or delays associated with the Coronavirus Disease 2019 pandemic to be revived. Specifically, this legislation targets cases that were dismissed after March 11, 2020, providing a mechanism for those actions to be refiled by December 31, 2023. The bill aims to address the backlog and disruptions caused by the pandemic, ensuring that individuals seeking legal redress are not penalized because of circumstances beyond their control.

Contention

Despite its intentions, the bill may face contention regarding its effects on judicial proceedings. Some critics argue that reviving cases could overwhelm courts that are already struggling with backlogs, potentially leading to further delays in the justice system. Additionally, there may be concerns regarding the fairness and practicality of reviving cases that may now involve different evidentiary conditions or compel parties to engage in litigation after a prolonged period, which could disproportionately affect some litigants more than others.