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Apodaca v. AAA Gas Co.3/11/2003
State v. Eden, 108 N.M. 737, 741, 779 P.2d 114, 118 (Ct. App. 1989) (citation omitted). "This is accomplished by adopting a construction that will not render the Rule's application absurd, unreasonable, or unjust." In re Dominick Q., 113 N.M. at 354, 826 P.2d at 575. Rather, we consider the Rule as a whole, construing each part to achieve a harmonious result. See Key v. Chrysler Motors Corp., 1996-NMSC-038, 121 N.M. 764, 769, 918 P.2d 350, 355.
"Different relief" is not defined in the Rule. Plaintiffs interpret the language to encompass different claims for relief, i.e. different causes of action that seek different money damages. We are not persuaded that this is what the drafters intended.
The purpose of peremptory challenges is to "aid each party's interest in a fair and impartial jury." 9A Charles Alan Wright & Arthur R. Miller, Federal Practice & Procedure, ยง 2483 (Supp. 2002). Under Rule 1-038(E), "opposing parties" are each given five peremptory challenges. The exceptions to that Rule demonstrate a concern by the drafters that multiple parties on the "same side" may actually be opposing each other. See Romero v. Felter, 83 N.M. 736, 738, 497 P.2d 738, 740 (1972) (recognizing "parties" to a lawsuit may be on the same side). Rule 1-038(E) provides the means to determine whether parties on the same side are in fact "opposing parties" by recognizing three situations where the parties are on the same side but in conflict with one another: (1) the relief sought differs, (2) diverse interests, or (3) cross-claims are to be tried. In doing so, the Rule seeks to provide opposing parties on the same side of the litigation the means to a fair and impartial jury. See Carraro v. Wells Fargo Mortgage & Equity, 106 N.M. 442, 444, 744 P.2d 915, 917 (Ct. App. 1987) (recognizing Rule 1-038(E) provides additional peremptory challenges to "diverse parties").
Plaintiffs misapprehend the Rule by equating "different claims" with "different relief." Different relief is not always synonymous with different causes of action. Different actions may seek the same form of relief (money damages) or different forms of relief, such as mandamus, money damages, prospective injunction and declaratory judgment. See Khalsa v. Levinson, 1998-NMCA-110, 19, 125 N.M. 680, 964 P.2d 844 (distinguishing "claim" from different forms of legal "relief"). The relief sought may also be "different" where one plaintiff seeks a form of injunctive relief that is contrary to the injunctive relief sought by another plaintiff. Plaintiffs that request money damages are not asking for different relief. Even though plaintiffs may be competing over the same pot, "the relief sought-that [Defendants] caused damage-[does] not differ." Trotter v. Callens, 89 N.M. 19, 22, 546 P.2d 867, 870 (Ct. App. 1976).
We conclude that "different relief" within the meaning of Rule 1-038(E) refers to situations where the relief requested by one party conflicts with the relief sought by another party. This is consistent with the underlying tenor of the Rule which recognizes parties on the same side may be in conflict with each other. Here, where each Plaintiff sought money damages, the relief sought does not differ. We note Plaintiffs made no argument that they were pursuing a limited fund, a situation that could potentially create a practical conflict between them.
We next decide whether it was reasonable for the court to deny Plaintiff-wives an additional ten peremptory challenges under the facts before the court. The standard of review applicable to the allocation of peremptory challenges among multiple parties is an abuse of discretion standard. See Gallegos ex rel. Gallegos v. Southwest Cmty. Health
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