2021 New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts

Section 35-2-4 - Qualification; continuing in office; mandatory training program. - A. As a qualification for continuing in office, each magistrate...

Section 35-2-5 - Qualification; failure to qualify. - A. Any judicial act is void if performed by a...

Section 35-2-6 - Appointment as special master, arbitrator or magistrate judge pro tempore; compensation. - A. A chief district court judge may appoint a retired...

Section 35-2-7 - Magistrate courts; authority to conduct a mediation program; training. - A. If approved by the administrative office of the courts...

Article 3 - Magistrate Court; Jurisdiction

Section 35-3-1 - Jurisdiction; administration of oaths. - Magistrates may administer oaths and affirmations and take acknowledgments of...

Section 35-3-2 - Authority; marriages. - Magistrates may solemnize the contract of matrimony throughout the state...

Section 35-3-3 - Jurisdiction; civil actions. - A. Magistrates have jurisdiction in civil actions in which the...

Section 35-3-4 - Jurisdiction; criminal actions. - A. Magistrates have jurisdiction in all cases of misdemeanors and...

Section 35-3-5 - Jurisdiction; venue of actions. - A. Venue of actions in the magistrate court lies: (1)...

Section 35-3-6 - Jurisdiction; territorial limits. - A. The territorial jurisdiction of a magistrate is coextensive with...

Section 35-3-7 - Jurisdiction; disqualification of magistrate. - A. Whenever a party to any civil or criminal action...

Section 35-3-8 - Jurisdiction; recusal. - A. Except by consent of all parties, no magistrate shall...

Section 35-3-9 - Jurisdiction; contempt. - A magistrate has jurisdiction to punish for contempt only for...

Section 35-3-10 - Jurisdiction; failure to exercise; unlawful exercise; remedy. - If a magistrate before whom an action is pending is...

Article 4 - Magistrate Court; Civil Actions

Section 35-4-1 - Civil actions; receipts for money. - Every magistrate shall, on a form prescribed by the administrative...

Section 35-4-2 - Civil actions; exemptions. - A. Exemptions of personal property provided in Sections 24-5-1 through...

Section 35-4-3 - Civil actions; distribution of supplies. - The administrative office of the courts shall: A. prescribe by...

Article 5 - Magistrate Court; Criminal Actions

Section 35-5-1 - Criminal actions; arrest followed by complaint. - Whenever a peace officer makes an arrest without warrant for...

Section 35-5-2 - Criminal actions; preparation of forms. - The complaint, summons, warrant, final orders on complaints, receipt for...

Section 35-5-3 - Criminal actions; disposition of complaint, summons and warrant. - In every criminal action in the magistrate court, the original...

Section 35-5-4 - Criminal actions; disposition of final order and fine receipt. - A. Upon disposition of any criminal action in the magistrate...

Section 35-5-5 - Criminal actions; disposition of bail receipt. - Whenever bail is received in any criminal action, the magistrate...

Section 35-5-6 - Criminal actions; distributions of supplies. - The administrative office of the courts shall: A. prescribe by...

Section 35-5-7 - Repealed. - Repeals. — Laws 1991, ch. 82, § 15 repealed 35-5-7...

Section 35-5-8 - Magistrate court; indigency standard; fee schedule; reimbursement. - A. The magistrate court shall use a standard adopted by...

Article 6 - Magistrate Court; Fees and Costs

Section 35-6-1 - Magistrate costs; schedule; definition of "convicted". - A. Magistrate judges, including metropolitan court judges, shall assess and...

Section 35-6-2 - Magistrate costs; posting of schedule. - The administrative office of the courts shall furnish, and each...

Section 35-6-3 - Magistrate costs; advance payment. - A. Except for parties granted free process because of indigency,...

Section 35-6-4 - Magistrate costs; witness fees; reimbursement. - A. If the plaintiff prevails in a civil action in...

Section 35-6-5 - Magistrate court warrant enforcement fund; fee; administration; use of money in fund. - A. There is created in the state treasury the "magistrate...

Section 35-6-6 - Collection of fines, fees or costs. - A judgment and sentence issued by a magistrate court that...

Section 35-6-7 - Magistrate court; drug court fee; monthly remittances. - A magistrate court that has an adult drug court program...

Section 35-6-8 - Magistrate court mediation fund created; administration; distribution. - A. The "magistrate court mediation fund" is created in the...

Section 35-6-9 - Magistrate costs; mediation fee. - A. Magistrate judges shall collect as costs a mediation fee...

Section 35-6-10 - Magistrate court; electronic services fee. - A magistrate court may charge and collect from persons who...

Article 7 - Magistrate Court; Magistrate Administration

Section 35-7-1 - Magistrate courts; supervision by the supreme court and the district court in the judicial district in which the court is located. - The magistrate courts shall operate under the direction and control...

Section 35-7-2 - Repealed. - Repeals. — Laws 1997, ch. 53, § 2 repealed 35-7-2,...

Section 35-7-3 - Magistrate administration; standardized monthly reports. - Each magistrate court, under the supervision of the district court,...

Section 35-7-4 - Magistrate administration; monthly remittances. - Each magistrate court shall pay to the administrative office of...

Section 35-7-5 - Magistrate administration; public money; commingling; trust fund bank account. - A. All money collected by a magistrate court in connection...

Section 35-7-6 - Repealed. - History: 1953 Comp., § 36-9-6, enacted by Laws 1968, ch....

Section 35-7-7 - Magistrate administration; conflict of interest. - No magistrate shall, directly or indirectly: A. buy or be...

Section 35-7-8 - Repealed. - Repeals. — Laws 1991, ch. 82, § 15 repealed 35-7-8...

Section 35-7-9 - Magistrate administration; court facilities. - The administrative office of the courts shall provide facilities for...

Section 35-7-10 - Magistrate administration; clerical assistants. - Within appropriations and budgetary limitations, the district court may employ...

Section 35-7-11 - Magistrate administration; finances. - Except as otherwise specifically provided by law, all salaries and...

Section 35-7-12 - Magistrate administration; rules of pleading, practice and procedure. - A. The supreme court of New Mexico shall, by rules...

Section 35-7-13 - Repealed. - History: Laws 2010, ch. 7, § 1; repealed by Laws...

Article 8 - Magistrate Court; Juries and Jurors

Section 35-8-1 - Magistrate jury; right to trial by jury. - Except for contempt of the magistrate court, penalty assessment misdemeanors...

Section 35-8-2 - Magistrate jury; demand. - A. Either party to an action in the magistrate court...

Section 35-8-3 - Magistrate jury; selecting and empaneling a jury. - A. A jury in the magistrate court consists of six...

Section 35-8-4 - Magistrate jury; trial. - Juries in the magistrate court shall hear the evidence in...

Section 35-8-5 - Magistrate jury; discharge upon failure to agree. - Whenever the magistrate is satisfied that a jury cannot agree...

Section 35-8-6 - Repealed. - Repeals. — Laws 1987, ch. 279, § 1 repealed 35-8-6...

Section 35-8-7 - Magistrate civil jury fees. - A. In each action in the magistrate court in which...

Article 9 - Magistrate Court; Attachment

Section 35-9-1 - Attachment; affidavit and bond; grounds. - A. An attachment may be issued in a civil action...

Section 35-9-2 - Attachment; execution. - A. The attachment shall order the sheriff or a full-time,...

Section 35-9-3 - Attachment; hearing; judgment. - A. If the defendant was personally served as provided in...

Section 35-9-4 - Attachment; dissolution. - A. An attachment may be dissolved at any time before...

Section 35-9-5 - Attachment; suit on bond. - The bond given by the plaintiff or other person in...

Section 35-9-6 - Attachment; special provisions. - All laws and procedures governing magistrate courts apply to attachment...

Section 35-9-7 - Attachment; form of bond. - Attachment bonds in civil actions in the magistrate court shall...

Section 35-9-8 - Attachment; form of writ. - Writs of attachment in civil actions in the magistrate court...

Article 10 - Magistrate Court; Forcible Entry or Unlawful Detainer

Section 35-10-1 - Forcible entry or detainer; grounds. - A. A civil action for forcible entry or unlawful detainer...

Section 35-10-2 - Limitation of remedy. - The provisions of Sections 35-10-1 through 35-10-6 NMSA 1978 shall...

Section 35-10-3 - Forcible entry or detainer; special provisions. - A. Except as provided in Section 35-10-1 NMSA 1978, three...

Section 35-10-4 - Forcible entry or detainer; judgment. - A. If the defendant is found guilty in a civil...

Section 35-10-5 - Forcible entry or detainer; damages on appeal. - A. If the plaintiff recovers judgment in an action for...

Section 35-10-6 - Forcible entry or detainer; form of execution. - Executions in civil actions for forcible entry or detainer in...

Article 11 - Magistrate Court; Replevin

Section 35-11-1 - Replevin; grounds. - Whenever any personal property is wrongfully taken or detained, the...

Section 35-11-2 - Replevin; special provisions. - All laws and procedures governing magistrate courts apply to actions...

Section 35-11-3 - Judgment. - In any replevin action in the magistrate court, judgment may...

Article 12 - Magistrate Court; Garnishment

Section 35-12-1 - Garnishment; affidavit and bond; grounds. - A. Garnishment may be issued in advance of judgment in...

Section 35-12-2 - Garnishment; service on garnishee. - A. The garnishment shall be served on the garnishee within...

Section 35-12-3 - Garnishment; effect on garnishee. - A. Except as otherwise provided in this section, service of...

Section 35-12-4 - Garnishment; answer by garnishee. - A. If the garnishee answers under oath that he is...

Section 35-12-5 - Garnishment; controverting garnishee's answer. - A. If the plaintiff or defendant is not satisfied with...

Section 35-12-6 - Garnishment; unmatured debts. - Debts not yet due to the defendant may be garnished,...

Section 35-12-7 - Garnishment; exemptions. - A. Exempt from garnishment with respect to the enforcement of...

Section 35-12-8 - Garnishment; payment of exempt wages and salary. - Any employer charged as a garnishee in any civil action...

Section 35-12-9 - Garnishment; wages and salary; lien; priority. - A. A judgment entered against a garnishee under Section 35-12-4D...

Section 35-12-10 - Garnishment; public officer as garnishee. - A. No public officer of the state or any of...

Section 35-12-11 - Garnishment; execution against garnishee. - Whenever judgment is rendered against the garnishee in any civil...

Section 35-12-12 - Garnishment; defense to claim against garnishee. - In any action by a defendant against a garnishee based...

Section 35-12-13 - Garnishment; dissolution. - A. At any time before judgment in a civil action...

Section 35-12-14 - Garnishment; suit on bond. - The bond given by the plaintiff or other person in...

Section 35-12-15 - Garnishment; special provisions. - All laws and procedures governing magistrate courts apply to garnishment...

Section 35-12-16 - Garnishment; costs; attorney fees. - A. If the plaintiff prevails in a garnishment proceeding, he...

Section 35-12-17 - Garnishment; form of bond. - Garnishment bonds in civil actions in the magistrate court shall...

Section 35-12-18 - Garnishment; form of writ. - Writs of garnishment in civil actions in the magistrate court...

Section 35-12-19 - Garnishment; district court; magistrate court; small claims court. - Garnishment may be issued in the district court, magistrate court...

Article 13 - Magistrate Court; Appeals

Section 35-13-1 - Appeals; right of appeal. - Any party aggrieved by any judgment rendered or final order...

Section 35-13-2 - Appeals; district court proceedings; docket fees; judgment. - A. Appeals from the magistrate courts shall be tried de...

Section 35-13-3 - Appeals; amendments on trial de novo. - Upon trial de novo in the district court upon appeal...

Article 14 - Municipal Courts

Section 35-14-1 - Municipal court; creation. - A. Except for municipalities with a population of fewer than...

Section 35-14-2 - Jurisdiction. - A. Each municipal court has jurisdiction over all offenses and...

Section 35-14-3 - Judges; qualifications; bond; salary. - The qualifications of municipal judges, bond required and salary received...

Section 35-14-4 - Election; term; vacancy. - A. Municipal judges shall be elected, for terms of four...

Section 35-14-5 - Temporary incapacity or absence of a municipal judge. - Any registered voter of a municipality in which a municipal...

Section 35-14-6 - Duties of temporary municipal judge. - The requirements of law relating to money collected, monthly reports,...

Section 35-14-7 - Monthly reports and remittances. - Each municipal judge shall make monthly written reports to the...

Section 35-14-8 - Itemized statement. - All required reports shall include an itemized statement showing the...

Section 35-14-9 - Penalty. - Any municipal judge violating any provision relating to making reports...

Section 35-14-10 - Municipal judges; training required. - Each municipal judge shall annually as a condition of discharging...

Section 35-14-11 - Municipal ordinance; court costs; collection; purpose. - A. Every municipality shall enact an ordinance requiring assessment of...

Section 35-14-12 - Municipal courts; automation required. - By July 1, 1996, each municipal court shall have the...

Article 15 - Violations of Municipal Ordinances

Section 35-15-1 - Proceedings to enforce ordinances; plaintiff; appeals. - A. All actions to enforce any ordinance of any municipality...

Section 35-15-2 - Pleading existence of ordinance provisions violated. - In all actions brought to enforce any ordinance, it shall...

Section 35-15-3 - Procedure; commitment. - A. In any action for the violation of any ordinance...

Section 35-15-4 - Service of process. - A. In the county in which the municipality whose ordinances...

Section 35-15-5 - Maximum time for commencing proceeding for enforcement or [of] ordinances. - All prosecutions for the commission of any offense made punishable...

Section 35-15-6 - Custody of prisoners. - In case any such person shall be confined in any...

Section 35-15-7 - Appeals; notice of appeals. - A. An appeal from the municipal court is taken by...

Section 35-15-8 - Judgment on appeal; recovery on bond. - If the judgment of the municipal court in the action...

Section 35-15-9 - [Municipality to have free process; no costs charged to municipality.] - That the municipality shall have free process in the district...

Section 35-15-10 - Trial de novo without jury. - All trials upon appeals by a defendant from the municipal...

Section 35-15-11 - Municipality may appeal. - The municipality shall have the right to appeal to the...

Section 35-15-12 - Fines and forfeitures in justice court [magistrate court]; collections go to municipal treasury. - Justices of the peace [magistrates] in municipalities of the state...

Section 35-15-13 - Fines and forfeitures assessed on appeal; collections go to municipal treasury. - All fines assessed in the district court upon appeals from...

Section 35-15-14 - Suspension of sentence; probation. - A. The governing body of any municipality may provide by...

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2021 New Mexico Statutes Chapter 35 - Magistrate and Municipal Courts

2021 New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts