Chapter 34 — Chapter 34

The court of appeals shall hold one term each year beginning on the second Tuesday of January, and it shall always be in session. The headquarters of the court and the clerk's office shall be located at the seat of government. The court may convene at any location in the state. H…

A. The appellate jurisdiction of the court of appeals is coextensive with the state, and the court has jurisdiction to review on appeal: (1) any civil action not specifically reserved to the jurisdiction of the supreme court by the constitution or by law; (2) all actions under th…

Unless otherwise provided by rule of procedure, appeals to the court of appeals shall be taken from the district court in the manner prescribed for appeals to the supreme court. History: 1953 Comp., § 16-7-9, enacted by Laws 1966, ch. 28, § 9. ANNOTATIONS

The state shall be divided into judicial districts as follows: A. first judicial district, the counties of Santa Fe, Rio Arriba and Los Alamos; B. second judicial district, the county of Bernalillo; C. third judicial district, the county of Dona Ana; D. fourth judicial district, …

There shall be three district judges in the seventh judicial district. History: 1953 Comp., § 16-3-3.7, enacted by Laws 1968, ch. 69, § 13; 1977, ch. 132, § 1; 1995, ch. 178, § 2.

There shall be three district judges in the eighth judicial district. History: 1953 Comp., § 16-3-3.8, enacted by Laws 1968, ch. 69, § 14; 1978, ch. 23, § 2; 1996, ch. 23, § 1; 2011, ch. 41, § 1; 2020, ch. 40, § 5.

There shall be five district judges in the ninth judicial district. History: 1953 Comp., § 16-3-3.9, enacted by Laws 1968, ch. 69, § 15; 1974, ch. 77, § 2; 1984, ch. 111, § 4; 1985, ch. 138, § 1; 2005, ch. 284, § 2; 2006, ch. 99, § 3; 2011, ch. 20, § 1; 2020, ch. 40, § 6.

There shall be one district judge in the tenth judicial district. History: 1953 Comp., § 16-3-3.10, enacted by Laws 1968, ch. 69, § 16.

There shall be eight district judges in the eleventh judicial district. History: 1953 Comp., § 16-3-3.11, enacted by Laws 1968, ch. 69, § 17; 1974, ch. 77, § 3; 1984, ch. 111, § 5; 1995, ch. 178, § 3; 1995, ch. 179, § 1; 2006, ch. 99, § 4; 2020, ch. 40, § 7.

There shall be five district judges in the twelfth judicial district. History: 1953 Comp., § 16-3-3.12, enacted by Laws 1971, ch. 52, § 2; 1974, ch. 77, § 4; 1984, ch. 111, § 6; 1993, ch. 274, § 1; 2020, ch. 40, § 8.

There shall be nine district judges in the thirteenth judicial district. History: 1953 Comp., § 16-3-3.13, enacted by Laws 1971, ch. 52, § 3; 1974, ch. 77, § 5; 1979, ch. 302, § 1; 1985, ch. 212, § 1; 1992, ch. 70, § 2; 2003, ch. 254, § 1; 2006, ch. 99, § 5; 2014, ch. 73, § 4; 20…

The principal office of each district judge shall be at the county seat of a county within the judicial district as provided by rule of the district court. When the convenience of the public can be better served by establishment of an additional office within the county, this may…

judges. In judicial districts having more than one district judge: A. the separate judicial positions shall be designated by divisions numbered consecutively from one through the total number of judges authorized for the district. Any additional judge authorized within a judicial…

The district court shall appoint a district court clerk for each county of the judicial district. One person may be named as the clerk for more than one county. Deputy clerks and other personnel, including interpreters, bailiffs and secretaries as required, may be employed. The d…

The district court shall always be in session. At least two regular terms for each county within a judicial district shall be established by court rule. When for any reason a district judge is prevented from attending a regular term of the district court on the first day, he may,…

A. Each district judge shall select an official court reporter to record the proceedings of his court as required. All notes, records and evidence taken by the reporter shall be deposited with the district court clerk of the county in which the proceeding is docketed. B. Each ful…

The district courts are agencies of the judicial department of the state government. Personnel of the district court are subject to all laws and regulations applicable to state offices and agencies and state officers and employees except where otherwise specifically provided by l…

Before entering upon their duties, all district court personnel who receive or disburse money or have custody of property shall take the oath prescribed by the constitution for state officers and file with the secretary of state a corporate surety bond in an amount fixed by the d…

District judges and district court employees shall be allowed per diem and shall be reimbursed for their necessary travel expenses incurred while absent from their principal offices upon official business, at the same rates and under the same conditions as prescribe by law or reg…

In each county, the district court shall be held at the county seat. Each board of county commissioners shall provide adequate quarters for the operation of the district court, including juvenile probation services, and provide necessary utilities and maintenance service for the …

The district court of each county shall have a seal with the name of the court on the margin. The seal shall be kept by the district court clerk and used to authenticate documents from his office. History: 1953 Comp., § 16-3-12, enacted by Laws 1968, ch. 69, § 26.

The district court of each county shall keep a record containing orders entered by the court. Orders made orally by the court shall be entered upon the record by the district court clerk. The district judge shall review and sign the record following each term of the court, but if…

A. Process of the district courts in each judicial district shall be under witness of the district judge. Unless otherwise provided by rule of the district court in judicial districts having more than one district judge, process shall be under witness of the presiding judge. B. T…

The district judge of each judicial district may adopt rules governing the administration of each district court. In judicial districts having more than one district judge, the power to adopt rules shall be exercised jointly by all judges of the district, with the decision of a m…

The parties are responsible for the filing and service of papers in the district court except in those instances where leave to file is required. History: 1953 Comp., § 16-3-16, enacted by Laws 1968, ch. 69, § 30.

ANNOTATIONS Repeals. — Laws 1993, ch. 278, § 4 repeals 34-6-3 NMSA 1978, as amended by Laws 1990, ch. 115, § 3, concerning salaries of district judges, effective January 1, 1994. For provisions of former section, see NMOneSource.com. For present comparable provisions, see 34-1-9 …

When any paper is filed in his office, the district court clerk shall immediately enter on the first page his notation of filing containing the date and time of filing and the court in which filed. History: 1953 Comp., § 16-3-17, enacted by Laws 1968, ch. 69, § 31.

Whenever determined to be in the interest of justice, the district court may order any matter to be performed nunc pro tunc. History: 1953 Comp., § 16-3-18, enacted by Laws 1968, ch. 69, § 32.

Whenever any original documents are filed with the district court or introduced into evidence, upon application by the party filing or offering the same and upon approval of the court, the original document may be returned and a clearly legible copy substituted therefor. Similarl…

A. The district court clerk shall keep for each county in indexed volumes: (1) a civil docket; (2) a criminal docket; (3) an incapacitated person docket; (4) an adoption docket; (5) a probate docket; (6) a children's docket; (7) a judgment docket; and (8) a record of the proceedi…

Whenever the term "court fund" or "county court fund" may be used in the laws, it shall be construed to refer to the appropriation to the district court of the proper judicial district. History: 1953 Comp., § 16-3-22, enacted by Laws 1968, ch. 69, § 36.

A. All money for the operation and maintenance of the district courts, including the children's and family court divisions, shall be paid by the state treasurer upon warrants of the secretary of finance and administration, supported by vouchers of the district judges and in accor…

account. Each district court clerk shall open a trust fund checking account, designated as the "court clerk trust account," in a bank which is a member of the federal deposit insurance corporation. Not later than two working days after receipt, the district court clerk shall depo…

account. Each district court clerk shall open an account in a bank which is a member of the federal deposit insurance corporation. The account shall be in the name of the state treasurer of New Mexico, and withdrawals may be made only by the state treasurer. All fines, fees, cost…

When money is held in the court clerk trust account and the person entitled to it does not make claim within six years from the date when it became payable, the money is presumed abandoned and shall be disposed of in the manner provided in the Uniform Disposition of Unclaimed Pro…

Any person who violates any provision of Sections 34-6-36 through 34-6-38 NMSA 1978, is guilty of a fourth degree felony. History: 1953 Comp., § 16-3-27, enacted by Laws 1968, ch. 69, § 41.

There shall be eleven district judges in the first judicial district. History: 1953 Comp., § 16-3-3.1, enacted by Laws 1968, ch. 69, § 7; 1969, ch. 229, § 1; 1976 (S.S.), ch. 39, § 1; 1980, ch. 141, § 1; 1981, ch. 330, § 1; 1987, ch. 148, § 1; 1997, ch. 180, § 1; 2010, ch. 3, § 1…

A. Except as provided in Subsection B of this section, district court clerks shall collect in civil matters docketing any cause, whether original or reopened or by appeal or transfer from any inferior court, a fee of one hundred seventeen dollars ($117), twenty dollars ($20.00) o…

In any civil action brought in the district court by the state, its political subdivisions or the nonprofit corporations authorized to be formed under the Educational Assistance Act [Chapter 21, Article 21A NMSA 1978], when judgment or stipulation for payment is rendered in favor…

A. The district court may provide suitable refreshments for prospective jurors summoned for jury service. B. When district court juries are engaged in a trial, the court may provide suitable meals and necessary accommodations for them. History: 1953 Comp., § 16-3-29, enacted by L…

District court clerks shall collect fees required by federal law for services in connection with naturalization, passport applications and other matters. History: 1953 Comp., § 16-3-30, enacted by Laws 1968, ch. 69, § 44.

Services required to be performed by district court clerks are without charge when no fee is prescribed by law. History: 1953 Comp., § 16-3-31, enacted by Laws 1968, ch. 69, § 45.

administration. A judicial district that collects an alternative dispute resolution fee pursuant to Section 34-6-45 NMSA 1978 shall create an "alternative dispute resolution fund" of the judicial district. Money in the fund shall be used to defray the cost of operating alternativ…

A. In addition to fees collected pursuant to, and subject to exceptions set forth in, Section 34-6-40 NMSA 1978 for docketing of civil cases in any judicial district that has established an alternative dispute resolution program, the district court clerk shall collect a fee of fi…

reimbursement. A. The district court shall use a standard adopted by the public defender department to determine indigency of persons accused of crimes carrying a possible jail sentence. B. The district court shall use a fee schedule adopted by the public defender department when…

A. In addition to any other fees collected in the district court, a district court that has established an adult drug court may assess and collect from participants a "drug court fee" of fifty dollars ($50.00) a month. Program fee requirements may be satisfied by community servic…

A district court may charge and collect from persons who use electronic services an electronic services fee in an amount established by supreme court rule. Proceeds from the electronic services fee shall be remitted to the administrative office of the courts for deposit in the el…

There shall be thirty-one district judges in the second judicial district. History: 1953 Comp., § 16-3-3.2, enacted by Laws 1968, ch. 69, § 8; 1969, ch. 228, § 1; 1973, ch. 301, § 1; 1977, ch. 310, § 1; 1978, ch. 23, § 1; 1980, ch. 143, § 1; 1984, ch. 111, § 1; 1993, ch. 256, § 1…

There shall be nine district judges in the third judicial district. History: 1953 Comp., § 16-3-3.3, enacted by Laws 1968, ch. 69, § 9; 1981, ch. 329, § 1; 1984, ch. 111, § 2; 1992, ch. 72, § 1; 1995, ch. 178, § 1; 2003, ch. 348, § 1; 2006, ch. 99, § 1; 2020, ch. 40, § 3.

There shall be three district judges in the fourth judicial district. History: 1953 Comp., § 16-3-3.4, enacted by Laws 1968, ch. 69, § 10; 1978, ch. 24, § 1; 2007, ch. 140, § 2.