Section 57-1-11 - Judgment in favor of state as prima facie evidence

A. A final judgment or decree in a civil or criminal proceeding determining that a person has violated Section 57-1-1 or 57-1-2 NMSA 1978 in an action brought by the state is prima facie evidence against such person in any other action against him under the provisions of Section 57-1-3 NMSA 1978 as to all matters with respect to which the judgment or decree would be an estoppel between the parties thereto. This section does not affect the application of collateral estoppel or issue preclusion. B. For the purposes of Subsection A of this section, 'final judgment' or 'decree' shall not include a consent judgment or decree entered before any testimony has been taken at trial in a civil proceeding or a judgment based upon a plea of nolo contendere in a criminal proceeding. History: 1978 Comp., § 57-1-11, enacted by Laws 1979, ch. 374, § 12. ANNOTATIONSLaw reviews. — For article, 'New Mexico Antitrust Law,' see 9 N.M.L. Rev. 339 (1979).