New Mexico Statutes
Chapter 34 - Court Structure and Administration

Section 34-1-4 - [Indirect criminal contempt proceedings; written publication out of court; jury trial; rules of procedure.] - In all proceedings in the district courts for indirect criminal...

Section 34-1-5 - [Judge eligible to hear and determine contempt proceedings.] - The resident judge when not disqualified in the original proceeding...

Section 34-1-6 - [Clerks to record orders, make indexes, issue process and keep seal.] - The clerks of the supreme and inferior courts, and of...

Section 34-1-7 - [Appointment of interpreters and translators.] - The courts may, from time to time, appoint interpreters and...

Section 34-1-8 - [Jurisdiction of courts to enforce federal law restricted.] - No court of the state of New Mexico shall have...

Section 34-1-9 - Salaries of justices, judges and magistrates. - A. Justices of the supreme court shall each receive an...

Section 34-1-10 - Judicial compensation commission; creation; membership; duties. - A. The "judicial compensation commission" is created to recommend salaries...

Section 34-1-11 - Electronic services fund; created; purpose; electronic services fee established. - A. The "electronic services fund" is created in the state...

Article 2 - Supreme Court

Section 34-2-1 - Supreme court justices; number; election by position; election of chief justice. - A. There shall be five justices of the supreme court....

Section 34-2-2 - Repealed. - Repeals. — Laws 1993, ch. 278, § 4 repealed 34-2-2...

Section 34-2-3 - [Seal; power to adopt design.] - That the justices of the supreme court be and they...

Section 34-2-4 - [Depositing and recording facsimile and description of seal.] - That upon adopting such design, the said justices shall cause...

Section 34-2-5 - Fees; collection by supreme court clerk. - The clerk of the supreme court shall collect the following...

Section 34-2-6 - Disposition of fees. - The clerk shall pay such fees into the state treasury...

Section 34-2-7 - Supreme court law clerks. - Each justice of the supreme court may employ a law...

Section 34-2-8 - Repealed. - Repeals. — Laws 1997, ch. 8, § 14 repealed 34-2-8...

Section 34-2-9 - Applicants for license to practice law; criminal history information. - A. The supreme court shall require a background investigation of...

Section 34-2-10 - Supreme court; electronic services fee. - The clerk of the supreme court may charge and collect...

Section 34-2-11 - Supreme court law library. - The supreme court shall have the management, control and supervision...

Section 34-2-12 - Payment of accounts. - The secretary of finance and administration shall draw warrants on...

Section 34-2-13 - Supreme court law librarian; appointment; duties; bond; prohibitions; fines. - A. The supreme court law library shall be under the...

Section 34-2-14 - Unlawful removal of property; penalty. - A person not authorized by the rules promulgated by the...

Section 34-2-15 - Liability for injury to books or property. - A person who injures, defaces or destroys a book or...

Section 34-2-16 - Consolidated appropriation. - For purposes of the annual appropriation and budgeting process, and...

Section 34-2-17 - Working interdisciplinary network of guardianship stakeholders; created. - A. The supreme court shall establish the "working interdisciplinary network...

Section 34-2-18 - Working interdisciplinary network of guardianship stakeholders; duties. - The working interdisciplinary network of guardianship stakeholders shall: A. identify...

Article 3 - Supreme Court Building

Section 34-3-1 - Supreme court building commission; creation. - There is created the "supreme court building commission", which shall...

Section 34-3-2 - Supreme court building commission; organization. - The chief justice of the supreme court shall act as...

Section 34-3-3 - Supreme court building commission; duties. - The supreme court building commission has care, custody and control...

Article 3A - Court of Appeals Building Commission

Section 34-3A-1 - Court of appeals building commission; creation; membership. - A. The "court of appeals building commission" is created within...

Section 34-3A-2 - Court of appeals building commission; organization. - The court of appeals building commission shall elect from its...

Section 34-3A-3 - Court of appeals building commission; duties. - A. The court of appeals building commission has care, custody...

Article 4 - Court Reports

Section 34-4-1 - Recompiled. - Recompilations. — Section 34-4-1 NMSA 1978, relating to the distribution...

Section 34-4-2 - Appellate court reports; inclusion in master database. - A. The New Mexico compilation commission shall maintain and update...

Section 34-4-3 - [Copies of reports of state officers, biennial budget and session laws transmitted to congressional library.] - The officer or employee of this state having charge of...

Article 5 - Court of Appeals

Section 34-5-1 - Court of appeals; judges; election for staggered terms. - The "court of appeals" of New Mexico consists of ten...

Section 34-5-2 - Court of appeals; chief judge. - At their first meeting in each odd-numbered year, the judges...

Section 34-5-3 - Repealed. - Repeals. — Laws 1993, ch. 278, § 4 repealed 34-5-3...

Section 34-5-4 - Court of appeals; vacancy in membership. - If a vacancy in the membership of the court of...

Section 34-5-5 - Court of appeals; personnel. - A. The court of appeals shall employ a clerk and...

Section 34-5-6 - Court of appeals; fees and costs. - A. The clerk of the court of appeals shall collect...

Section 34-5-7 - Court of appeals; terms of court; location. - The court of appeals shall hold one term each year...

Section 34-5-8 - Court of appeals; appellate jurisdiction. - A. The appellate jurisdiction of the court of appeals is...

Section 34-5-9 - Court of appeals; procedure for appeals from district court. - Unless otherwise provided by rule of procedure, appeals to the...

Section 34-5-10 - Transfer of cases on appeal. - No matter on appeal in the supreme court or the...

Section 34-5-11 - Court of appeals; quorum; decisions; rehearings. - Three judges of the court of appeals constitute a quorum...

Section 34-5-12 - Court of appeals; seal. - The court of appeals may adopt a design for the...

Section 34-5-13 - Court of appeals; publishing opinions. - The judges of the court of appeals shall meet from...

Section 34-5-14 - Supreme court; appellate jurisdiction; review by certiorari to court of appeals; certification of cases to supreme court. - A. The appellate jurisdiction of the supreme court is coextensive...

Section 34-5-15 - Court of appeals; electronic services fee. - The clerk of the court of appeals may charge and...

Article 6 - District Courts

Section 34-6-1 - Judicial districts. - The state shall be divided into judicial districts as follows:...

Section 34-6-2 - District court terms. - The district court shall always be in session. At least...

Section 34-6-3 - Repealed. - Repeals. — Laws 1993, ch. 278, § 4 repeals 34-6-3...

Section 34-6-4 - Judges; first judicial district. - There shall be ten district judges in the first judicial...

Section 34-6-5 - Judges; second judicial district. - There shall be twenty-nine district judges in the second judicial...

Section 34-6-6 - Judges; third judicial district. - There shall be nine district judges in the third judicial...

Section 34-6-7 - Judges; fourth judicial district. - There shall be three district judges in the fourth judicial...

Section 34-6-8 - Judges; fifth judicial district. - There shall be eleven district judges in the fifth judicial...

Section 34-6-9 - Judges; sixth judicial district. - There shall be four district judges in the sixth judicial...

Section 34-6-10 - Judges; seventh judicial district. - There shall be three district judges in the seventh judicial...

Section 34-6-11 - Judges; eighth judicial district. - There shall be three district judges in the eighth judicial...

Section 34-6-12 - Judges; ninth judicial district. - There shall be five district judges in the ninth judicial...

Section 34-6-13 - Judges; tenth judicial district. - There shall be one district judge in the tenth judicial...

Section 34-6-14 - Judges; eleventh judicial district. - There shall be eight district judges in the eleventh judicial...

Section 34-6-15 - Judges; twelfth judicial district. - There shall be five district judges in the twelfth judicial...

Section 34-6-16 - Judges; thirteenth judicial district. - There shall be eight district judges in the thirteenth judicial...

Section 34-6-17 - Judges; principal offices. - The principal office of each district judge shall be at...

Section 34-6-18 - Judges; multiple-judge districts; divisions; presiding judges. - In judicial districts having more than one district judge: A....

Section 34-6-19 - Personnel; designation. - The district court shall appoint a district court clerk for...

Section 34-6-20 - Personnel; official court reporters; secretaries. - A. Each district judge shall select an official court reporter...

Section 34-6-21 - Personnel; state employees. - The district courts are agencies of the judicial department of...

Section 34-6-22 - Personnel; oaths and bonds. - Before entering upon their duties, all district court personnel who...

Section 34-6-23 - Personnel; travel expenses. - District judges and district court employees shall be allowed per...

Section 34-6-24 - Operation; location of court; facilities. - In each county, the district court shall be held at...

Section 34-6-25 - Operation; seal. - The district court of each county shall have a seal...

Section 34-6-26 - Operation; record; authentication. - The district court of each county shall keep a record...

Section 34-6-27 - Operation; process. - A. Process of the district courts in each judicial district...

Section 34-6-28 - Operation; rules. - The district judge of each judicial district may adopt rules...

Section 34-6-29 - Operation; filing and service. - The parties are responsible for the filing and service of...

Section 34-6-30 - Operation; notation of filing. - When any paper is filed in his office, the district...

Section 34-6-31 - Operation; nunc pro tunc entries. - Whenever determined to be in the interest of justice, the...

Section 34-6-32 - Operation; return of filed papers. - Whenever any original documents are filed with the district court...

Section 34-6-33 - Operation; dockets and records. - A. The district court clerk shall keep for each county...

Section 34-6-34 - Finance; statutory construction. - Whenever the term "court fund" or "county court fund" may...

Section 34-6-35 - Finance; payment of expenses. - A. All money for the operation and maintenance of the...

Section 34-6-36 - Finance; disposition of litigant money; court clerk trust account. - Each district court clerk shall open a trust fund checking...

Section 34-6-37 - Finance; disposition of court income; state treasurer account. - Each district court clerk shall open an account in a...

Section 34-6-38 - Finance; disposition of unclaimed money. - When money is held in the court clerk trust account...

Section 34-6-39 - Finance; improper disposition of money; penalty. - Any person who violates any provision of Sections 34-6-36 through...

Section 34-6-40 - Finance; fees. - A. Except as provided in Subsection B of this section,...

Section 34-6-40.1 - Civil action by state; filing fee assessed as costs. - In any civil action brought in the district court by...

Section 34-6-41 - Finance; jury refreshments, meals and rooms. - A. The district court may provide suitable refreshments for prospective...

Section 34-6-42 - Finance; federal functions. - District court clerks shall collect fees required by federal law...

Section 34-6-43 - Finance; statutory fees exclusive. - Services required to be performed by district court clerks are...

Section 34-6-44 - District court alternative dispute resolution fund; administration. - A judicial district that collects an alternative dispute resolution fee...

Section 34-6-45 - District courts; alternative dispute resolution; fee. - A. In addition to fees collected pursuant to, and subject...

Section 34-6-46 - District court; indigency standard; fee schedule; reimbursement. - A. The district court shall use a standard adopted by...

Section 34-6-47 - Drug court fees; fund created. - A. In addition to any other fees collected in the...

Section 34-6-48 - District court; electronic services fee. - A district court may charge and collect from persons who...

Article 7 - Probate Courts

Section 34-7-1 - Probate judge; authorized. - There shall be a probate judge in each county of...

Section 34-7-2 - [Probate judge and sheriff elected at each general election.] - At each general election held in this state there shall...

Section 34-7-3 - [Seal of probate court.] - The probate courts shall procure and keep a seal with...

Section 34-7-4 - [Place of holding court and keeping clerk's office.] - The probate judges of this state are strictly required to...

Section 34-7-5 - [Failure to hold court or keep clerk's office at county seat; penalty.] - For every neglect on the part of any probate judge,...

Section 34-7-6 - [County must furnish office and supplies for judge.] - That the county commissioners of each county in this state...

Section 34-7-7 - [Custody of archives, documents and books.] - The archives of said offices shall be under the charge...

Section 34-7-8 - Probate courts; hours of business; notice. - The probate courts of the state shall be in session...

Section 34-7-9 - [Probate judge interested or disqualified; transfer to district court.] - Whenever the probate judge shall, for any reason, be interested...

Section 34-7-10 - [Proceedings in district court after transfer.] - All proceedings thus transferred shall be docketed as other causes...

Section 34-7-11 - [Probate judge absent or unable to attend to duties; powers of district judge.] - Whenever the probate judge shall be absent from the county...

Section 34-7-12 - Repealed. - Repeals. — Laws 1978, ch. 159, § 15, effective March...

Section 34-7-13 - [Judges may issue process and make rules.] - That the judges of probate courts shall have full power...

Section 34-7-14 - Fees of probate court clerks. - Clerks of the probate courts are entitled to receive the...

Section 34-7-15 - [Additional fees of clerk.] - In addition to the fees provided for in Section 1...

Section 34-7-16 - [Fees exclusive.] - No other or different fees than those above provided shall...

Section 34-7-17 - [Record of receipts and disbursements.] - The probate clerks of the different counties of this state...

Section 34-7-18 - [Current accounts; public inspection.] - There shall also be kept in said book a full...

Section 34-7-19 - [Penalty for violation of Sections 34-7-17 and 34-7-18 NMSA 1978.] - All clerks who shall fail in the discharge of the...

Section 34-7-20 - Record of decedent's [decedents'] estates. - The county clerk shall keep a record or docket additional...

Section 34-7-21 - Record of bonds and wills. - The clerk shall also record at length in books kept...

Section 34-7-22 - [Deputy clerks; appointment; powers.] - The clerks of the probate courts of this state, with...

Section 34-7-23 - [Oath of deputy clerks.] - The said deputy clerk shall take the same oath of...

Section 34-7-24 - [Authority of deputies; responsibility; signing papers.] - The clerks of the probate court shall be responsible, respectively,...

Section 34-7-25 - [Compensation of deputies to be paid by clerk.] - A deputy clerk of the probate clerk [court] shall not...

Article 8 - Small Claims Courts (Repealed.)

Section 34-8-1 to 34-8-13 - Repealed. - Repeals. — Laws 1979, ch. 346, § 13, repeals 34-8-1...

Article 8A - Metropolitan Courts

Section 34-8A-1 - Metropolitan court; established. - There is established within the boundaries of a class A...

Section 34-8A-2 - Metropolitan court; constitution. - With respect to the provisions of Sections 1 and 26...

Section 34-8A-3 - Metropolitan court; jurisdiction. - A. In addition to the jurisdiction provided by law for...

Section 34-8A-4 - Metropolitan court; judges. - A. Metropolitan judges shall be elected as provided in Section...

Section 34-8A-4.1 - Metropolitan court judges; terms of office. - The term of office for each judge of the metropolitan...

Section 34-8A-4.2 - Appointment as special master, arbitrator or metropolitan court judge pro tempore; compensation. - A. The chief metropolitan court judge may appoint a retired...

Section 34-8A-5 - Metropolitan court; jury trial. - A. With respect to civil actions, except for contempt of...

Section 34-8A-6 - Metropolitan court; rules; appeal. - A. The supreme court shall adopt separate rules of procedure...

Section 34-8A-7 - Metropolitan court; administration. - A. The metropolitan judges of a metropolitan court shall select...

Section 34-8A-8 - Metropolitan court; Bernalillo district. - A. The name of the metropolitan court in the Bernalillo...

Section 34-8A-9 - Repealed. - Repeals. — Laws 1980, ch. 142, § 11, repealed 34-8A-9...

Section 34-8A-10 - Metropolitan court mediation fund created; administration; distribution. - A. There is created in the state treasury the "metropolitan...

Section 34-8A-11 - Metropolitan court; indigency standard; fee schedule; reimbursement. - A. The metropolitan court shall use a standard adopted by...

Section 34-8A-12 - Metropolitan court warrant enforcement fund; fee; administration; use of money in fund. - A. There is created in the state treasury the "metropolitan...

Section 34-8A-13 - Collection of fines, fees or costs. - A judgment and sentence issued by the Bernalillo county metropolitan...

Section 34-8A-14 - Use of parking facility near Bernalillo county metropolitan court. - The Bernalillo county metropolitan court shall administer and manage a...

Section 34-8A-15 - Metropolitan court; electronic services fee. - A metropolitan court may charge and collect from persons who...

Article 9 - Administrative Office of the Courts

Section 34-9-1 - [Maintenance at seat of government; supervision; appointment and removal of director by supreme court.] - The administrative office of the courts of New Mexico shall...

Section 34-9-2 - [Appointment and removal of employees by director; approval of supreme court.] - The director may appoint necessary employees, subject to the approval...

Section 34-9-3 - Director; duties. - The director of the administrative office of the courts shall,...

Section 34-9-4 - [Officer or employee prohibited from practicing law.] - No officer or employee of the administrative office shall engage...

Section 34-9-5 - [Seal of director; approval by supreme court; judicial notice.] - The director may use a seal approved by the supreme...

Section 34-9-6 - [Authority of courts to appoint personnel unaffected by Sections 34-9-1 to 34-9-7 NMSA 1978.] - The authority of the courts to appoint administrative or clerical...

Section 34-9-7 - Courts defined. - As used with reference to the duties of the director...

Section 34-9-8 - Courts; records; manuals. - A. The director of the administrative office of the courts...

Section 34-9-9 - Repealed. - Repeals. — Laws 1983, ch. 51, § 1, effective March...

Section 34-9-10 - Court automation fund created; administration; distribution. - A. There is created in the state treasury a "court...

Section 34-9-11 - Jury and witness fee fund created; administration; distribution. - A. There is created in the state treasury the "jury...

Section 34-9-11.1 - Language access fund; created. - A. There is created in the state treasury the "language...

Section 34-9-12 - Municipal court automation fund created; administration; distribution. - A. There is created in the state treasury the "municipal...

Section 34-9-13 - Magistrate and metropolitan court capital fund created; purpose. - The "magistrate and metropolitan court capital fund" is created in...

Section 34-9-14 - Court facilities fund created; administration; distribution. - A. The "court facilities fund" is created in the state...

Section 34-9-14.1 - Magistrate drug court fund; created. - The "magistrate drug court fund" is created in the state...

Section 34-9-14.2 - Drug court fund; created. - The "drug court fund" is created in the state treasury....

Section 34-9-15 - Use of Bernalillo county metropolitan court facilities. - The administrative office of the courts, as holder of record...

Section 34-9-16 - New Mexico finance authority revenue bonds; purpose; appropriation. - A. The New Mexico finance authority may issue and sell...

Section 34-9-17 - Consolidation study committee; composition; duties. - A. With the approval and direction of the supreme court,...

Section 34-9-17.1 - Bernalillo county criminal justice review commission. - A. The "Bernalillo county criminal justice review commission" is created...

Section 34-9-18 - Judicial performance evaluation fund; created. - A. The "judicial performance evaluation fund" is created in the...

Section 34-9-19 - Reporting to the national instant criminal background check system. - A. In any circumstance other than that described in Subsection...

Section 34-9-20 - Judge pro tempore fund; created. - The "judge pro tempore fund" is created in the state...

Article 10 - Judicial Standards Commission

Section 34-10-1 - Judicial standards commission; selection; terms. - The judicial standards commission consists of thirteen positions: A. positions...

Section 34-10-2 - Judicial standards commission; vacancies. - Whenever any member of the judicial standards commission dies, resigns...

Section 34-10-2.1 - Judicial standards commission; duties; subpoena power. - A. Pursuant to the judicial standards commission's authority granted by...

Section 34-10-3 - Judicial standards commission; executive director. - The judicial standards commission shall employ an executive director. History:...

Section 34-10-4 - Judicial standards commission; director's duties. - The executive director of the judicial standards commission shall: A....

Article 11 - Judicial Conference (Repealed.)

Section 34-11-1 - Repealed. - Repeals. — Laws 1987, ch. 29, § 1 repealed 34-11-1...

Article 12 - Judicial Council (Repealed.)

Section 34-12-1 to 34-12-6 - Repealed. - Repeals. — Laws 1981, ch. 305, § 8, repealed 34-12-1...

Section 34-12-7 to 34-12-12 - Repealed. - Repeals. — Laws 1986, ch. 66, § 2 repealed 34-12-7...

Article 13 - Judicial Education Fund

Section 34-13-1 - Judicial education fund created; administration; income to the fund. - A. The "judicial education fund" is created in the state...

Section 34-13-2 - Judicial education center created; purpose. - A. The "judicial education center" is created at the institute...

Article 14 - Civil Legal Services Commission

Section 34-14-1 - Civil legal services; commission; fund; disbursement. - A. The "civil legal services commission" is created. The commission...

Article 15 - Domestic Violence Offender Treatment Fund (Repealed.)

Section 34-15-1 - Repealed. - History: Laws 2003, ch. 94, § 1; repealed by Laws...

Section 34-15-2 - Repealed. - History: Laws 2003, ch. 94, § 2; repealed by Laws...

Article 16 - Juvenile Adjudication Fund

Section 34-16-1 - Juvenile adjudication fund created. - The "juvenile adjudication fund" is created in the state treasury...

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New Mexico Statutes Chapter 34 - Court Structure and Administration

New Mexico Statutes
Chapter 34 - Court Structure and Administration