Chapter 35 — Chapter 35

If a magistrate before whom an action is pending is for any reason unable, unavailable or unwilling to preside in an action, or fails to recognize a properly filed statement of disqualification or fails to recognize grounds for refusal [recusal], any party may proceed in the mann…

Magistrates may solemnize the contract of matrimony throughout the state but shall charge no fee for it. History: 1953 Comp., § 36-3-2, enacted by Laws 1968, ch. 62, § 47; 1989, ch. 160, § 1.

A. Magistrates have jurisdiction in civil actions in which the debt or sum claimed does not exceed ten thousand dollars ($10,000), exclusive of interest and costs. B. Except as provided in Subsection C of this section, civil jurisdiction extends to actions in contract, quasi-cont…

A. Magistrates have jurisdiction in all cases of misdemeanors and petty misdemeanors, including offenses and complaints under ordinances of a county. Magistrates also have jurisdiction in any other criminal action where jurisdiction is specifically granted by law, and they may ho…

A. Venue of actions in the magistrate court lies: (1) in civil actions, in any magistrate district where the plaintiff or defendant resides or may be found or where the cause of action arose; and (2) in criminal actions, in the magistrate district where the crime is alleged to ha…

A. The territorial jurisdiction of a magistrate is coextensive with the magistrate district in which the magistrate serves. A magistrate also has jurisdiction in any criminal action involving violation of a law relating to motor vehicles arising in a magistrate district adjoining…

A. Whenever a party to any civil or criminal action or proceeding of any kind files a statement of disqualification, the magistrate's jurisdiction over the cause terminates immediately. The statement is effective only if filed no later than fifteen days after the date the answer …

A. Except by consent of all parties, no magistrate shall sit in any action in which: (1) either of the parties is related to him by affinity or consanguinity within the degree of first cousin; (2) he was counsel for either party in that action; or (3) he has an interest. B. Whene…

A magistrate has jurisdiction to punish for contempt only for disorderly behavior or breach of the peace tending to interrupt or disturb a judicial proceeding in progress before the magistrate or for disobedience of any lawful order or process of his court. No person shall be pun…

Every magistrate shall, on a form prescribed by the administrative office of the courts: A. immediately give a written itemized receipt to any person paying money to the court in connection with any civil action; and B. require a written itemized receipt from the payee before mak…

A. Exemptions of personal property provided in Sections 24-5-1 through 24-5-13 actions in the magistrate court, and to attachment, garnishment, replevin and forcible entry or detainer. The person entitled to the exemption or his agent or attorney shall claim the exemption by fili…

The administrative office of the courts shall: A. prescribe by regulation the form, size and content of civil dockets and other administrative forms for use in civil actions in the magistrate court; and B. have all forms prescribed by law or by regulation of the administrative of…

Whenever a peace officer makes an arrest without warrant for a misdemeanor within magistrate trial jurisdiction, he shall take the arrested person to the nearest available magistrate court without unnecessary delay. In such cases, a complaint shall be filed forthwith by the peace…

The complaint, summons, warrant, final orders on complaints, receipt for fines and costs and receipt for bail in criminal actions in the magistrate court shall be executed on forms provided by the court administrator and approved by the supreme court. History: 1953 Comp., § 36-7-…

warrant. In every criminal action in the magistrate court, the original criminal complaint shall be served on the defendant along with the original summons or warrant in the action. Following service of a warrant, the arresting officer shall complete the returns on the other copi…

A. Upon disposition of any criminal action in the magistrate court, the magistrate shall complete the final order on criminal complaint and deliver the original to the defendant. Whenever fines or costs are received by a magistrate in any criminal action, he shall complete the cr…

Whenever bail is received in any criminal action, the magistrate or person designated by the magistrate to accept bail shall complete the criminal bail receipt, require the defendant's acknowledgment of receipt of the form on all copies and deliver the original to the defendant. …

The administrative office of the courts shall: A. prescribe by regulation the form, size and content of criminal dockets and other forms for use in criminal actions in magistrate courts; and B. have all forms prescribed by law or by regulation of the administrative office for use…

ANNOTATIONS Repeals. — Laws 1991, ch. 82, § 15 repealed 35-5-7 NMSA 1978, as enacted by Laws 1968, ch. 62, § 91, relating to unauthorized forms or misuse of forms in criminal actions, effective June 14, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource…

reimbursement. A. The magistrate 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 magistrate court shall use a fee schedule adopted by the public defender department …

A. Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs: docket fee, twenty dollars ($20.00) of which shall be deposited in the court automation fund and fifteen dollars ($15.00) of which shall …

A magistrate 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 …

The administrative office of the courts shall furnish, and each magistrate shall keep posted at all times in a conspicuous place in his courtroom, a plain and legible: A. statement of costs required by law to be collected by magistrate courts; and B. a notice in letters at least …

Except for parties granted free process because of indigency, any party filing any civil action or requesting services from the magistrate court shall pay in advance the costs required by law to be collected by magistrates. History: 1953 Comp., § 36-8-3, enacted by Laws, 1968, ch…

If the plaintiff prevails in a civil action in the magistrate court, the amount of costs collected by the magistrate in the action shall be added to the judgment entered against the defendant. Fees actually paid by the prevailing party in a civil action in the magistrate court fo…

use of money in fund. A. There is created in the state treasury the "magistrate court warrant enforcement fund" to be administered by the administrative office of the courts. The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant…

A judgment and sentence issued by a magistrate court that includes an assessment of fines, fees or costs shall constitute a money judgment that may be enforced in the same manner as a civil judgment in the district court. The money judgment may be assigned by the court to a publi…

A magistrate court that has an adult drug court program 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 service at the federal minimum wage. Proceeds from the drug court fee shal…

distribution. A. The "magistrate court mediation fund" is created in the state treasury. The fund shall be administered by the administrative office of the courts. B. All balances in the magistrate court mediation fund are subject to appropriation for payment to magistrate courts…

A. Magistrate judges shall collect as costs a mediation fee not to exceed five dollars ($5.00) for the docketing of civil actions, except as provided in Subsection A of Section 35-6-3 NMSA 1978. B. The magistrate court shall pay to the administrative office of the courts the cost…

the district court in the judicial district in which the court is located. The magistrate courts shall operate under the direction and control of the supreme court and the district court of the judicial district in which the court is located. The district court shall provide admi…

Within appropriations and budgetary limitations, the district court may employ and select clerical assistants for magistrates. History: 1953 Comp., § 36-9-10, enacted by Laws 1968, ch. 62, § 105; 1972, ch. 45, § 5; 1979, ch. 160, § 4; 2021, ch. 95, § 7.

Except as otherwise specifically provided by law, all salaries and expenses of the magistrate court shall be paid by the state treasurer upon warrants of the secretary of finance and administration, supported by vouchers approved by the chief district judge and in accordance with…

procedure. A. The supreme court of New Mexico shall, by rules promulgated by it from time to time, regulate pleading, practice and procedure in judicial proceedings in the magistrate court for the purpose of simplifying and promoting the speedy determination of litigation upon it…

History: Laws 2010, ch. 7, § 1; repealed by Laws 2010, ch. 7, § 4.

ANNOTATIONS Repeals. — Laws 1997, ch. 53, § 2 repealed 35-7-2, as enacted by Laws 1968, ch. 62, § 97, relating to magistrate administration and suspension of certificate, effective July 1, 1997. For provisions of former section, see the 1996 NMSA 1978 on NMOneSource.com.

Each magistrate court, under the supervision of the district court, shall file a standardized monthly report with the administrative office of the courts not later than the date each month established by the director of the administrative office of the courts. The report shall it…

Each magistrate court shall pay to the administrative office of the courts, not later than the date each month established by regulation of the director of the administrative office, the amount of all fines, forfeitures and costs collected by the court during the previous month, …

trust fund bank account. A. All money collected by a magistrate court in connection with civil and criminal actions is public money of the state held in trust by the district court within the same judicial district until disbursed in accordance with law. Public money shall not be…

History: 1953 Comp., § 36-9-6, enacted by Laws 1968, ch. 62, § 101; repealed by Laws 2019, ch. 74, § 10.

No magistrate shall, directly or indirectly: A. buy or be interested in buying any evidence of indebtedness or cause of action for the purpose of bringing any action before any court; B. either before or after suit, lend or advance or procure to be lent or advanced any money or o…

ANNOTATIONS Repeals. — Laws 1991, ch. 82, § 15 repealed 35-7-8 NMSA 1978, as enacted by Laws 1968, ch. 62, § 103, relating to official bond for magistrate and administration, effective June 14, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.

The administrative office of the courts shall provide facilities for each magistrate court. Counties and municipalities shall cooperate and assist wherever possible. History: 1953 Comp., § 36-9-9, enacted by Laws 1968, ch. 62, § 104.

Except for contempt of the magistrate court, penalty assessment misdemeanors or offenses that do not prescribe incarceration as a penalty, the right to trial by jury exists in all actions in the magistrate court that are within magistrate trial jurisdiction. History: 1953 Comp., …

A. Either party to an action in the magistrate court within magistrate trial jurisdiction may demand trial by jury. Demand shall be made in the manner specified by the Rules of Civil Procedure or the Rules of Criminal Procedure for the Magistrate Courts. B. In civil actions, the …

A. A jury in the magistrate court consists of six jurors with the same qualifications as jurors in the district court. B. The magistrate shall direct the clerk of the district court to draw and assign to that court the number of qualified jurors the magistrate deems necessary for…

Juries in the magistrate court shall hear the evidence in the action which shall be delivered in public in its presence. After hearing the evidence and being duly charged by the magistrate, the members of the jury shall be kept together until: A. in civil actions, five members sh…

Whenever the magistrate is satisfied that a jury cannot agree upon a verdict in the manner provided by law after a reasonable time, or, in the exercise of his discretion the magistrate determines that some necessity exists for discharge of the jury, he may discharge it and summon…

ANNOTATIONS Repeals. — Laws 1987, ch. 279, § 1 repealed 35-8-6 NMSA 1978, as enacted by Laws 1968, ch. 62, § 113, relating to juror fees in magistrate court, effective June 19, 1987.

A. In each action in the magistrate court in which a jury is summoned, persons summoned for jury service and jurors shall be compensated for their time in attendance and service at the highest prevailing minimum-wage rate. B. Those persons shall also be reimbursed for travel in e…