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 37-2-16 - Death of plaintiff; procedure by defendant to obtain revivor or dismissal.

Section 37-2-16 - Death of plaintiff; procedure by defendant to obtain revivor or dismissal.

37-2-16. [Death of plaintiff; procedure by defendant to obtain revivor or dismissal.]

At any term of the court succeeding the death of the plaintiff, while the action remains on the docket, the defendant having given to the plaintiff's proper representative, in whose names the action might be revived, ten days' notice of the application therefor, may have an order to strike the action from the docket, and for costs against the estate of the plaintiff, unless the action is forthwith revived.