reglab/housing_qa huggingface dataset:
NM Stat § 35-4-1 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|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 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 making any disbursement authorized by law. History: 1953 Comp., § 36-4-7, enacted by Laws 1968, ch. 62, § 61; 1991, ch. 82, § 3. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repeals former 36-4-7, 1953 Comp., relating to civil penalty for failure to execute or make return of process, effective January 1, 1969. The 1991 amendment, effective June 14, 1991, redesignated former Paragraphs (1) and (2) as Subsections A and B; substituted "immediately" for "forthwith" at the beginning of Subsection A; deleted former Subsection B which read "Any magistrate who violates this section is guilty of a petty misdemeanor and shall be removed from office"; and made a related stylistic change. Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 C.J.S. Justices of the Peace §§ 43, 60.
NM Stat § 35-4-3 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 4 - Magistrate Court; Civil Actions|Section 35-4-3 - Civil actions; distribution of supplies.

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 office for use in civil actions reproduced and distribute them to each magistrate court. History: 1953 Comp., § 36-5-4, enacted by Laws 1968, ch. 62, § 71; 1991, ch. 82, § 4. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-5-4, 1953 Comp., relating to time for appearance after service of process, effective January 1, 1969. The 1991 amendment, effective June 14, 1991, redesignated former Paragraphs (1) and (2) of Subsection A as Subsections A and B; inserted "administrative" in Subsection A; deleted former Subsection B which made it a misdemeanor to print or reproduce or have unauthorized possession of blank forms of the administrative office; and made a related stylistic change.
NM Stat § 35-5-1 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|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 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 officer and a copy given to the defendant at or before the time he is brought before the magistrate. History: 1953 Comp., § 36-6-5, enacted by Laws 1968, ch. 62, § 76. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-6-5, 1953 Comp., relating to unsatisfied executions and renewal, effective January 1, 1969. Cross references. — For arrest followed by complaint, see Rule 6-201D NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. — 21 Am. Jur. 2d Criminal Law § 408, 421. Peace officer's delay in making arrest without a warrant for misdemeanor or breach of peace, 58 A.L.R.2d 1056. Delay in taking before magistrate or denial of opportunity to give bail as supporting action for false imprisonment, 98 A.L.R.2d 966, 3 A.L.R.4th 1057. Accused's right to assistance of counsel at or prior to arraignment, 5 A.L.R.3d 1269. Admissibility of confession as affected by delay in arraignment of prisoner, 28 A.L.R.4th 1121.
NM Stat § 35-5-2 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 5 - Magistrate Court; Criminal Actions|Section 35-5-2 - Criminal actions; preparation of forms.

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., § 36-7-6.1, enacted by Laws 1973, ch. 204, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 21 Am. Jur. 2d Criminal Law §§ 408 to 410, 421, 422. 22 C.J.S. Criminal Law §§ 321, 324 to 336, 340.
NM Stat § 35-5-3 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 5 - Magistrate Court; Criminal Actions|Section 35-5-3 - Criminal actions; disposition of complaint, summons and 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 copies of the warrant. The magistrate shall file and retain the second copy of the complaint and summons or warrant with the completed return. History: 1953 Comp., § 36-7-7, enacted by Laws 1968, ch. 62, § 87; 1991, ch. 82, § 5. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-7-7, 1953 Comp., relating to defendant not summoned and notice by publication, effective January 1, 1969. Cross references. — For filing of original papers with court, see Rule 6-201 NMRA. The 1991 amendment, effective June 14, 1991, in the third sentence, inserted "and retained", deleted "with his standardized monthly report, and the third copy shall be retained by the magistrate" at the end, and made a minor stylistic change. Am. Jur. 2d, A.L.R. and C.J.S. references. — 21 Am. Jur. 2d Criminal Law §§ 408 to 410, 421, 422. Private citizen's right to institute mandamus to compel a magistrate or other appropriate official to issue a warrant, or the like, for an arrest, 49 A.L.R.2d 1285. 22 C.J.S. Criminal Law §§ 321, 324 to 336, 340.
NM Stat § 35-5-4 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 5 - Magistrate Court; Criminal Actions|Section 35-5-4 - Criminal actions; disposition of final order and fine receipt.

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 criminal fine receipt, require the defendant's acknowledgment of receipt of the form on all copies and deliver the original to the defendant. The magistrate shall file and retain the second copies of the final order and fine receipt. B. If any person refuses to accept the original fine receipt, the magistrate shall note the circumstances of the refusal on the form. History: 1953 Comp., § 36-7-8, enacted by Laws 1968, ch. 62, § 88; 1991, ch. 82, § 6. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-7-8, 1953 Comp., relating to time of notice, effective January 1, 1969. The 1991 amendment, effective June 14, 1991, in the third sentence in Subsection A, inserted "and retained" and deleted "with his standardized monthly report, and the third copies shall be retained by the magistrate" and, in Subsection B, deleted "and mail the original to the administrative office of the courts for filing with other records of the case" at the end.
NM Stat § 35-5-5 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 5 - Magistrate Court; Criminal Actions|Section 35-5-5 - Criminal actions; disposition of bail receipt.

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 magistrate shall file the second copy of the bail receipt with his standardized monthly report, and the third copy shall be retained by the magistrate. History: 1953 Comp., § 36-7-9, enacted by Laws 1968, ch. 62, § 89. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-7-9, 1953 Comp., relating to default judgment, effective January 1, 1969.
NM Stat § 35-5-6 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 5 - Magistrate Court; Criminal Actions|Section 35-5-6 - Criminal actions; distributions of supplies.

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 in criminal actions reproduced and distribute them to each magistrate court, obtaining receipts for them by serial number. History: 1953 Comp., § 36-7-10, enacted by Laws 1968, ch. 62, § 90; 1973, ch. 204, § 2. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-7-10, 1953 Comp., relating to dissolution of attachment, effective January 1, 1969.
NM Stat § 35-5-7 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 5 - Magistrate Court; Criminal Actions|Section 35-5-7 - Repealed.

ANNOTATIONSRepeals. — 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.com.
NM Stat § 35-5-8 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 5 - Magistrate Court; Criminal Actions|Section 35-5-8 - Magistrate court; indigency standard; fee schedule; 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 when appointing attorneys to represent defendants who are financially unable to obtain private counsel. C. The magistrate court shall order reimbursement from each person who has received or desires to receive legal representation or another benefit under the Public Defender Act [Chapter 31, Article 15 NMSA 1978] after a determination is made that he was not indigent according to the standard for indigency adopted by the public defender department. D. Any amounts recovered pursuant to this section shall be paid to the state treasurer for credit to the general fund. History: 1978 Comp., § 35-5-8, enacted by Laws 1987, ch. 20, § 5. ANNOTATIONSCross references. — For defense of indigents, see 31-16-1 to 31-16-10 NMSA 1978.
NM Stat § 35-6-2 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 6 - Magistrate Court; Fees and Costs|Section 35-6-2 - Magistrate costs; posting of schedule.

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 two inches high reading as follows: "NOTICE TO PUBLIC -- The magistrate court is required to forthwith give official receipts itemizing all money paid to the court. Secure your receipt when payment is made." History: 1953 Comp., § 36-8-2, enacted by Laws 1968, ch. 62, § 93; 1991, ch. 82, § 8. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-8-2, 1953 Comp., relating to issuing notice of hearing on exemption claim, effective January 1, 1969. The 1991 amendment, effective June 14, 1991, redesignated former Paragraphs (1) and (2) as Subsections A and B; deleted former Subsection B which read "Any magistrate who violates this section is guilty of a petty misdemeanor and shall be removed from office"; and made a related stylistic change. Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Justices of the Peace § 2 et seq. 24B C.J.S. Criminal Law §§ 125(3), 421, 1622, 1702, 1770(2); 51 C.J.S. Justices of the Peace §§ 16, 27, 43.
NM Stat § 35-6-3 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 6 - Magistrate Court; Fees and Costs|Section 35-6-3 - Magistrate costs; advance payment.

A. 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. B. Any person filing a complaint in a criminal action in the magistrate court shall pay in advance the costs required by law to be collected by magistrates, except that no costs shall be collected from a person filing a complaint in a criminal action alleging domestic violence, a campus security officer, a municipal police officer, an Indian tribal or pueblo law enforcement officer or from a full-time, salaried county or state law enforcement officer filing the complaint. History: 1953 Comp., § 36-8-3, enacted by Laws, 1968, ch. 62, § 94; 1969, ch. 198, § 2; 1977, ch. 164, § 2; 1991, ch. 82, § 9; 1995, ch. 176, § 2. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-8-3, 1953 Comp., relating to service of notice, effective January 1, 1969. Cross references. — For costs of criminal processes associated with domestic abuse offenses, see 40-13-3.1 NMSA 1978. The 1995 amendment, effective July 1, 1995, inserted "a person filing a complaint in a criminal action alleging domestic violence" in Subsection B. The 1991 amendment, effective June 14, 1991, deleted former Subsection C which read "Except for persons granted free process because of indigency, any magistrate who dockets any civil or criminal action or performs any service without collecting the required costs in advance is guilty of a petty misdemeanor and shall be removed from office." Scope of department of agriculture exemption. — No docket fee is to be paid by the state department of agriculture for filing complaints in magistrate courts provided the complaint is filed by a full-time, salaried, county or state law enforcement officer, a campus security officer, an Indian tribal or Pueblo law enforcement officer or a municipal police officer. 1969 Op. Att'y Gen. No. 69-66. Full-time, salaried county sanitarian is a law enforcement officer as that term is used here. 1970 Op. Att'y Gen. No. 70-68. Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Justices of the Peace § 43 et seq. Power of justice to require payment in advance of fees for trying case, 117 A.L.R. 1393. 24 C.J.S. Criminal Law §§ 408 to 418; 51 C.J.S. Justices of the Peace §§ 4, 16, 23, 27, 43.
NM Stat § 35-6-5 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 6 - Magistrate Court; Fees and Costs|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 court warrant enforcement fund" to be administered by the administrative office of the courts. B. Upon issuance of a bench warrant, a magistrate court shall assess a fee of one hundred dollars ($100) against the individual whose arrest is commanded by the bench warrant. Money collected pursuant to the fee assessment authorized by this subsection shall be deposited in the magistrate court warrant enforcement fund. C. All balances in the magistrate court warrant enforcement fund are appropriated to the administrative office of the courts for the primary purpose of employing personnel and purchasing equipment and services to aid in the collection of fines, fees or costs owed to the magistrate courts. After satisfaction of the primary purpose, any money remaining in the fund may, to the extent deemed necessary by the director of the administrative office of the courts, be used for the secondary purpose of partially reimbursing law enforcement agencies for the expense of serving bench warrants issued by the magistrate courts, pursuant to an intergovernmental agreement entered into between the law enforcement agency and the administrative office of the courts. D. Payments from the magistrate court warrant enforcement fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers issued and signed by the director of the administrative office of the courts. E. Any balance remaining in the magistrate court warrant enforcement fund at the end of a fiscal year shall not revert to the state general fund. History: 1978 Comp., § 35-6-5, enacted by Laws 1993, ch. 261, § 7.
NM Stat § 35-6-6 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 6 - Magistrate Court; Fees and Costs|Section 35-6-6 - Collection of fines, fees or costs.

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 public or private agency or business for collection purposes, pursuant to the terms and conditions of a written agreement entered into by the court and the agency or business. History: 1978 Comp., § 35-6-6, enacted by Laws 1993, ch. 261, § 8.
NM Stat § 35-6-7 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 6 - Magistrate Court; Fees and Costs|Section 35-6-7 - Magistrate court; drug court fee; monthly remittances.

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 shall be deposited in the drug court fund of the judicial district established pursuant to Section 34-6-47 NMSA 1978. History: Laws 2003, ch. 240, § 3; 2021, ch. 95, § 3. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, transferred duties of the administrative office of the courts to individual judicial districts; deleted subsection designation "A", and after "drug court fund", added "of the judicial district established pursuant to Section 34-6-47 NMSA 1978"; and deleted former Subsection B, which related to administering money in the drug court fund by the administrative office of the courts.
NM Stat § 35-6-8 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 6 - Magistrate Court; Fees and Costs|Section 35-6-8 - Magistrate court mediation fund created; administration; 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 for the purpose of funding and administering voluntary mediation programs. The mediation programs shall be established by supreme court rule for the efficient disposition of civil complaints. C. Payments from the magistrate court mediation fund shall be made upon vouchers signed by the director of the administrative office of the courts upon warrants drawn by the secretary of finance and administration. D. Any balance remaining in the magistrate court mediation fund at the end of a fiscal year shall not revert to the general fund. History: Laws 2003, ch. 407, § 1. ANNOTATIONSEffective dates. — Laws 2003, ch. 407, § 3 made Laws 2003, ch. 407, § 1 effective July 1, 2003.
NM Stat § 35-6-9 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 6 - Magistrate Court; Fees and Costs|Section 35-6-9 - Magistrate costs; mediation fee.

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 costs collected pursuant to this section in accordance with the procedures provided for in Section 35-7-4 NMSA 1978. The amount of costs collected shall be credited to the magistrate court mediation fund. History: Laws 2003, ch. 407, § 2. ANNOTATIONSEffective dates. — Laws 2003, ch. 407, § 3 made Laws 2003, ch. 407, § 2 effective July 1, 2003.
NM Stat § 35-6-10 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 6 - Magistrate Court; Fees and Costs|Section 35-6-10 - Magistrate court; electronic services fee.

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 electronic services fund. History: Laws 2009, ch. 112, § 6. ANNOTATIONSEffective dates. — Laws 2009, ch. 112 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
NM Stat § 35-7-1 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|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 of the supreme court and the district court of the judicial district in which the court is located. The district court shall provide administrative support to the magistrate courts, under the supervision of the supreme court. History: 1978 Comp., § 35-7-1, enacted by Laws 1997, ch. 53, § 1; 2021, ch. 95, § 4. ANNOTATIONSRepeals and reenactments. — Laws 1997, ch. 53, § 1 repealed 35-7-1 NMSA 1978, as enacted by Laws 1968, ch. 62, § 96, and enacted a new section, effective July 1, 1997. Cross references. — For administrative office of the courts, see 34-9-1 to 34-9-10 NMSA 1978. The 2021 amendment, effective June 18, 2021, transferred duties of the administrative office of the courts to individual judicial districts; in the section heading, after "supreme court", added "and the district court in the judicial district in which the court is located"; in the first sentence, after "control of the supreme court", added "and the district court of the judicial district in which the court is located"; and in the second sentence, deleted "director of the administrative office of the courts" and added "district court".
NM Stat § 35-7-2 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 7 - Magistrate Court; Magistrate Administration|Section 35-7-2 - Repealed.

ANNOTATIONSRepeals. — 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.