Civil statutes of limitations
How long do you have to sue in New Mexico?
A statute of limitations is a hard filing deadline. File even one day after it and a court will almost always throw the case out permanently — no matter how strong it is. Among the nine claims on this page, the shortest in New Mexico is 3 years.
Were you fired, treated unfairly at work, or harmed by a government agency? Those claims are not on this page and often have much shorter deadlines — sometimes only a few months (for example, many job-discrimination claims must be filed with the EEOC or a state agency within about 180 days; many claims against a government can require notice in 6 months or less). If that's you, your clock may be running out right now — contact an attorney or legal aid today.
If you think you might have a claim, treat the clock as already running. The deadline for your situation can be shorter than the table below — and missing it is usually fatal to the case.
Find free legal help in New Mexico →Filing deadlines by type of claim
statutory period · longer ≠ more time for youBar length is the number of years the statute allows; color flags how little time that is. disc. = a discovery rule may start the clock when you discover the harm, not when it happened. repose = an outer limit that can bar a claim even before you discover it.
What to do today
- Find the date you were harmed — the injury, the contract breach, the death, the day you discovered it.
- Compare it to the shortest deadline above that fits your situation. If you're anywhere close, treat today as your deadline, not the statutory date.
- Contact an attorney or free legal aid in New Mexico now. Even if the deadline looks past, the discovery rule or tolling may still help — don't decide that yourself; ask someone licensed.
The statute for each claim
Defamation (libel / slander)
3 yearsN.M. Stat. § 37-1-8 RECORDED the statute as written — verify at the cited code
- • Same statute covers injuries to person or reputation.
Medical malpractice
3 yearsN.M. Stat. § 41-5-13 RECORDED the statute as written — verify at the cited code
- • Statute of repose: 3 years — an outer cutoff that can bar the claim even if the discovery rule would otherwise extend it.
- • Non-qualified providers fall under 37-1-8 (3-year discovery rule); minors have until age of majority + 1 year.
Personal injury
3 yearsN.M. Stat. § 37-1-8 RECORDED the statute as written — verify at the cited code
- • Discovery rule may apply — the clock can start when you discover the injury, not when it occurred (can give you more time, or can already have started without your knowing).
- • Tort Claims Act requires notice to government within 90 days.
Product liability
3 yearsN.M. Stat. § 37-1-8 RECORDED the statute as written — verify at the cited code
- • Discovery rule may apply — the clock can start when you discover the injury, not when it occurred (can give you more time, or can already have started without your knowing).
- • Personal-injury based products claims governed by 37-1-8.
Wrongful death
3 years from deathN.M. Stat. § 41-2-2 RECORDED the statute as written — verify at the cited code
- • Tort Claims Act notice required within 6 months for governmental defendants.
Contract oral
4 yearsN.M. Stat. § 37-1-4 RECORDED the statute as written — verify at the cited code
- • Also covers accounts and unwritten contracts.
Fraud
4 yearsN.M. Stat. § 37-1-4 RECORDED the statute as written — verify at the cited code
- • Discovery rule may apply — the clock can start when you discover the injury, not when it occurred (can give you more time, or can already have started without your knowing).
- • Section 37-1-4 expressly covers relief on the ground of fraud.
Property damage
4 yearsN.M. Stat. § 37-1-4 RECORDED the statute as written — verify at the cited code
- • Catch-all 4-year SOL also covers conversion and unspecified actions.
Contract written
6 yearsN.M. Stat. § 37-1-3 RECORDED the statute as written — verify at the cited code
- • UCC sale-of-goods 4-year SOL applies under § 55-2-725.
Why this table is not your actual deadline
These are the statutes New Mexico has on the books. Your real deadline depends on facts only a lawyer can sort out:
- When the clock started (accrual) — usually the date of harm, but the discovery rule can move it to when you reasonably should have known.
- Whether it paused (tolling) — being a minor, incapacity, the defendant leaving the state, or fraud can stop or restart the clock.
- A statute of repose — a separate outer limit that can bar a claim even before you discover it.
- Which claim you actually have — the same facts can support several causes of action with different deadlines; the shortest one that applies controls.
The safe move is always to assume less time than you think and talk to an attorney immediately.
What this is — and is not
This page states the published statutory deadlines in New Mexico for common civil claims — an informational reference, with each statute citation linked so you can verify it. It is not legal advice, not a calculation of your deadline, and not a substitute for a licensed attorney. Accrual, tolling, and the discovery rule are fact-specific. If you may have a claim, consult an attorney in New Mexico immediately; for free help, see civil legal aid in New Mexico.
Source: CaseFleet Civil Statute-of-Limitations Reference (2026) · statutes last verified 2026-04-29.
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