All trials upon appeals by a defendant from the municipal court to the district court for violations of municipal ordinances shall be de novo and shall be tried before the court without a jury.
History: Laws 1919, ch. 112, § 6; C.S. 1929, § 79-527; 1941 Comp., § 39-213; 1953 Comp., § 38-1-13; Laws 1959, ch. 169, § 8.
Effect of trial de novo. — A trial de novo resulting in an acquittal precludes a consideration as to what has gone on before. Therefore, for the purposes of a summary judgment motion, it cannot be said that there is still a finding of probable cause in the municipal court below. Miera v. Waltemeyer, 1982-NMCA-007, 97 N.M. 588, 642 P.2d 191, cert. quashed, 98 N.M. 51, 644 P.2d 1040.
Structure New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts
Article 15 - Violations of Municipal Ordinances
Section 35-15-1 - Proceedings to enforce ordinances; plaintiff; appeals.
Section 35-15-2 - Pleading existence of ordinance provisions violated.
Section 35-15-3 - Procedure; commitment.
Section 35-15-4 - Service of process.
Section 35-15-5 - Maximum time for commencing proceeding for enforcement or [of] ordinances.
Section 35-15-6 - Custody of prisoners.
Section 35-15-7 - Appeals; notice of appeals.
Section 35-15-8 - Judgment on appeal; recovery on bond.
Section 35-15-9 - [Municipality to have free process; no costs charged to municipality.]
Section 35-15-10 - Trial de novo without jury.
Section 35-15-11 - Municipality may appeal.
Section 35-15-13 - Fines and forfeitures assessed on appeal; collections go to municipal treasury.