New Mexico Statute of Limitations (2026)
Civil filing deadlines in New Mexico under NMSA ch. 37 — three years for injury to person or reputation, four for property and fraud, six for written instruments.
✓ Last verified: Sep 2026
Common Questions About New Mexico Deadlines
What is the statute of limitations in New Mexico?
It depends on the type of claim. New Mexico filing deadlines range from 3 years to 6 years — for example, personal injury 3 years, breach of a written contract 6 years, medical malpractice 3 years, defamation 3 years.
How long do you have to file a personal injury lawsuit in New Mexico?
3 years under NMSA 1978, § 37-1-8. Three years for injury to the person. Full personal injury rules →
What is the statute of limitations for wrongful death in New Mexico?
3 years under NMSA 1978, § 41-2-2. Three years from the date of death. Full wrongful death rules →
What is the statute of limitations for medical malpractice in New Mexico?
3 years under NMSA 1978, § 41-5-13. Three years from the act of malpractice. Full medical malpractice rules →
What is the statute of limitations for breach of contract in New Mexico?
6 years under NMSA 1978, § 37-1-3. Six years on a written instrument. Full breach of a written contract rules →
How long do you have to sue for defamation in New Mexico?
3 years under NMSA 1978, § 37-1-8. Three years — New Mexico groups defamation with personal injury rather than carving it into a shorter period, so it is among the more generous states here. Full defamation rules →
What is the statute of limitations for property damage in New Mexico?
4 years under NMSA 1978, § 37-1-4. Four years for injury to property or conversion of personal property — a year longer than New Mexico gives injury to the person. Full property damage rules →
Do you have to notify the government before suing in New Mexico?
Often, yes. Suit within 2 years under the Tort Claims Act under NMSA 1978, §§ 41-4-15, 41-4-16. This is usually much shorter than the ordinary deadline.