reglab/housing_qa huggingface dataset:
NM Stat § 34-6-19 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-19 - Personnel; designation.

The district court shall appoint a district court clerk for each county of the judicial district. One person may be named as the clerk for more than one county. Deputy clerks and other personnel, including interpreters, bailiffs and secretaries as required, may be employed. The duties and place of employment shall be designated by the court. History: 1953 Comp., § 16-3-6, enacted by Laws 1968, ch. 69, § 20. ANNOTATIONSCross references. — For clerks making records, issuing process and preserving and affixing seal, see 34-1-6 NMSA 1978. For appointment of interpreters and translators, see 34-1-7 NMSA 1978. For interpreter responsibilities, see 23-111 NMRA. For county clerk performing district court clerk's duties unless otherwise provided, see N.M. Const., art. VI, § 22. For clerks' duties in replevin actions, see 42-8-20 NMSA 1978. Repeals and reenactments. — Laws 1961, ch. 121, § 4, repealed former 16-3-6, 1953 Comp., relating to powers of judges of the second judicial district, and a new 16-3-6, 1953 Comp., dealing with the same subject matter, was enacted by Laws 1961, ch. 121, § 2. Laws 1968, ch. 69, § 69, repealed 16-3-6, 1953 Comp. Clerk de facto. — Where county clerk had presumably authorized another person to serve as her deputy and such person had been recognized in that capacity for some two years by the bench and bar and had signed and sealed court records during that time without objection, she would be deemed to be, at least, a clerk de facto. Heron v. Gaylor, 1945-NMSC-005, 49 N.M. 62, 157 P.2d 239. Deputy may certify record in clerk's name. — A certification of a record in the name of the clerk by the clerk's deputy was sufficient. Territory v. Christman, 1899-NMSC-009, 9 N.M. 582, 58 P. 343. Commitment hearing at commitment facility not precluded. — Absent a showing by a "developmentally disabled" person that his substantive rights would in any way be abridged if his involuntary commitment hearing is not held at the county seat, the district court is not precluded from adopting the practice of holding such hearings at the commitment facility when, in its discretion, such practice would better serve the public convenience. 1979 Op. Att'y Gen. No. 79-20. Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Clerks of Court §§ 2, 39. Validity, construction, and application of statutes providing for entry of default judgment by clerk without intervention of court or judge, 158 A.L.R. 1091. Use of interpreter in court proceedings, 172 A.L.R. 923. Liability of clerk of court or surety on bond for negligent or wrongful acts of deputies or assistants, 71 A.L.R.2d 1140. 21 C.J.S. Courts §§ 107 et seq., 236 et seq.
NM Stat § 34-6-21 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-21 - Personnel; state employees.

The district courts are agencies of the judicial department of the state government. Personnel of the district court are subject to all laws and regulations applicable to state offices and agencies and state officers and employees except where otherwise specifically provided by law. History: 1953 Comp., § 16-3-8, enacted by Laws 1968, ch. 69, § 22. ANNOTATIONSRepeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-8, 1953 Comp., relating to powers and duties of the senior or presiding judge of the fifth judicial district.
NM Stat § 34-6-22 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-22 - Personnel; oaths and bonds.

Before entering upon their duties, all district court personnel who receive or disburse money or have custody of property shall take the oath prescribed by the constitution for state officers and file with the secretary of state a corporate surety bond in an amount fixed by the director of the administrative office of the courts. Each bond shall be approved in writing on its face by the director of the administrative office of the courts and conditioned upon faithful performance of duties and payment of all money received to the person entitled to receive it. In lieu of individual bond coverage, the director of the administrative office of the courts may prescribe schedule or blanket bond coverage in any judicial district. Bond premiums shall be paid from funds appropriated to the district courts. History: 1953 Comp., § 16-3-9, enacted by Laws 1968, ch. 69, § 23. ANNOTATIONSCross references. — For law governing surety bonds of state employees, see 10-2-15 NMSA 1978. For oath of office, see N.M. Const., art. XX, § 1. Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-9, 1953 Comp., relating to residence of judges in the fifth judicial district.
NM Stat § 34-6-24 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-24 - Operation; location of court; facilities.

In each county, the district court shall be held at the county seat. Each board of county commissioners shall provide adequate quarters for the operation of the district court, including juvenile probation services, and provide necessary utilities and maintenance service for the operation and upkeep of district court facilities. From the funds of each judicial district, furniture, equipment, books and supplies shall be provided for the operation of each district court within the judicial district. History: 1953 Comp., § 16-3-11, enacted by Laws 1968, ch. 69, § 25; 1988, ch. 101, § 45. ANNOTATIONSCross references. — For terms to be held in each county at the county seat, see N.M. Const., art. VI, § 13. Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-11, 1953 Comp., relating to failure of presiding judge to sign record because of death or disability. Failure to hold court at de jure county seat. — Judgment of district court would not be set aside by supreme court merely on ground that the term of court at which it was rendered was not held at the de jure county seat of the county for which the term was held, as required by former statute, if the term was held and judgment rendered at the de facto county seat, established by the act of the legislative assembly of the territory. Territory v. Clark, 1909-NMSC-005, 15 N.M. 35, 99 P. 697. Court funds used to purchase furniture and equipment. — Under this section the funds of the court are to be used in purchasing furniture and equipment, which items are not limited to use in any one county. 1969 Op. Att'y Gen. No. 69-46. Under court's ownership and control. — Under this section the ownership and control of the furniture and equipment purchased are in the district court. 1969 Op. Att'y Gen. No. 69-46. Responsibility for county courthouse security. — The board of county commissioners is responsible for providing security for the county courthouse on a 24-hour basis. 1979 Op. Att'y Gen. No. 79-04. Commitment hearing at commitment facility not precluded. — Absent a showing by a "developmentally disabled" person that his substantive rights would in any way be abridged if his involuntary commitment hearing is not held at the county seat, the district court is not precluded from adopting the practice of holding such hearings at the commitment facility when, in its discretion, such practice would better serve the public convenience. 1979 Op. Att'y Gen. No. 79-20. Services provided for juvenile probation facilities. — Counties were required to provide the services specified in this section for juvenile probation facilities operated by the youth authority. 1989 Op. Att'y Gen. No. 89-29 (rendered prior to 1992 repeal of the Youth Authority Act).
NM Stat § 34-6-25 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-25 - Operation; seal.

The district court of each county shall have a seal with the name of the court on the margin. The seal shall be kept by the district court clerk and used to authenticate documents from his office. History: 1953 Comp., § 16-3-12, enacted by Laws 1968, ch. 69, § 26. ANNOTATIONSCross references. — For clerk affixing and preserving seal, see 34-1-6 NMSA 1978. Repeals and reenactments. — Laws 1955, ch. 49, § 12, repealed former 16-3-12, 1953 Comp., relating to regular terms of district courts.
NM Stat § 34-6-26 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-26 - Operation; record; authentication.

The district court of each county shall keep a record containing orders entered by the court. Orders made orally by the court shall be entered upon the record by the district court clerk. The district judge shall review and sign the record following each term of the court, but if, for any cause, the district judge fails to sign the record, the district court clerk may certify the record as authentic. History: 1953 Comp., § 16-3-13, enacted by Laws 1968, ch. 69, § 27. ANNOTATIONSCross references. — For duty of clerk to record and index proceedings, see 34-1-6 NMSA 1978. Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-13, 1953 Comp., relating to fixing terms in new counties. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Courts § 25 et seq. 21 C.J.S. Courts § 178 et seq.
NM Stat § 34-6-27 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-27 - Operation; process.

A. Process of the district courts in each judicial district shall be under witness of the district judge. Unless otherwise provided by rule of the district court in judicial districts having more than one district judge, process shall be under witness of the presiding judge. B. The district court may grant free process to any party in any civil or criminal action or special statutory proceeding upon a proper showing of indigency. History: 1953 Comp., § 16-3-14, enacted by Laws 1968, ch. 69, § 28. ANNOTATIONSCross references. — For current procedure for issuing and serving process in the district courts, see Rule 1-004 NMRA. For free process for indigent in good faith appeal, see 39-3-12 NMSA 1978. Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-14, 1953 Comp., relating to ordering a special term when regular term not held. Am. Jur. 2d, A.L.R. and C.J.S. references. — 62B Am. Jur. 2d Process § 8. Who is "person of suitable age and discretion" under statutes or rules relating to substituted service of process, 91 A.L.R.3d 827. 72 C.J.S. Process § 21.
NM Stat § 34-6-28 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-28 - Operation; rules.

The district judge of each judicial district may adopt rules governing the administration of each district court. In judicial districts having more than one district judge, the power to adopt rules shall be exercised jointly by all judges of the district, with the decision of a majority of the judges of the district required for adoption of any rule. Rules adopted under this section shall not conflict with any statute, rule of the supreme court or regulation of the administrative office of the courts. History: 1953 Comp., § 16-3-15, enacted by Laws 1968, ch. 69, § 29. ANNOTATIONSCross references. — For rule governing the procedure for adoption of local district court rules, see Rule 1-083 NMRA. For local rules, see the New Mexico Rules Annotated (NMRA) and NMOneSource.com. Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-15, 1953 Comp., relating to authority to hold special term. Local rule as to assignment of cases. — A district court rule which provides in part that "the assignment of cases to the several judges of the district will be varied in accordance with the work load" does not conflict with any statute or rule of the supreme court. Atol v. Schifani, 1971-NMCA-153, 83 N.M. 316, 491 P.2d 533. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Courts § 48 et seq. 21 C.J.S. Courts § 124 et seq.
NM Stat § 34-6-29 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-29 - Operation; filing and service.

The parties are responsible for the filing and service of papers in the district court except in those instances where leave to file is required. History: 1953 Comp., § 16-3-16, enacted by Laws 1968, ch. 69, § 30. ANNOTATIONSCross references. — For rules governing the filing and service of papers and pleadings in the district courts, see Rules 1-004, 1-005, 1-005.1 and 1-005.2 NMRA. Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed 16-3-16, 1953 Comp., relating to discretion of judge to hold special term.
NM Stat § 34-6-30 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-30 - Operation; notation of filing.

When any paper is filed in his office, the district court clerk shall immediately enter on the first page his notation of filing containing the date and time of filing and the court in which filed. History: 1953 Comp., § 16-3-17, enacted by Laws 1968, ch. 69, § 31. ANNOTATIONSRepeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-17, 1953 Comp., relating to jurisdiction at and duration of special term. Using rubber signature stamp. — The county clerk's signature by rubber stamp to endorsement of filing paper was not inhibited by general principles nor by former statute relating to certificate of day of filing. Costilla Estates Dev. Co. v. Mascarenas, 1927-NMSC-076, 33 N.M. 356, 267 P. 74. Am. Jur. 2d, A.L.R. and C.J.S. references. — 21 C.J.S. Courts § 249 et seq.
NM Stat § 34-6-31 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-31 - Operation; nunc pro tunc entries.

Whenever determined to be in the interest of justice, the district court may order any matter to be performed nunc pro tunc. History: 1953 Comp., § 16-3-18, enacted by Laws 1968, ch. 69, § 32. ANNOTATIONSRepeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-18, 1953 Comp., relating to return of regular term process at special term. When power may be exercised. — Former statute permitting nunc pro tunc entries to be made whenever the ends of justice might require it was not confined to civil cases, and the period in which this power could be successfully invoked was not limited to the term when the transaction occurred. Borrego v. Territory, 1896-NMSC-011, 8 N.M. 446, 46 P. 349. No act should be done nunc pro tunc which would work injustice to a party in court. Waldo v. Beckwith, 1854-NMSC-002, 1 N.M. 97; Secou v. Leroux, 1866-NMSC-005, 1 N.M. 388. Nunc pro tunc order as to time of filing pleading. — A nunc pro tunc order, reciting that the declaration was left with the clerk and the advance fee had been paid as required by law, where no averment to the contrary appears in the petition, could be made whether such declaration was marked "filed" or not, for the court had jurisdiction in its discretion to make such order, guided by the justice of the case. In re Lewisohn, 1897-NMSC-001, 9 N.M. 101, 49 P. 909. Am. Jur. 2d, A.L.R. and C.J.S. references. — 21 C.J.S. Courts § 180.
NM Stat § 34-6-32 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-32 - Operation; return of filed papers.

Whenever any original documents are filed with the district court or introduced into evidence, upon application by the party filing or offering the same and upon approval of the court, the original document may be returned and a clearly legible copy substituted therefor. Similarly, objects in evidence of a nondocumentary nature may be withdrawn and photographs adequately illustrating the object or an adequate written description of the object may be substituted. History: 1953 Comp., § 16-3-19, enacted by Laws 1968, ch. 69, § 33. ANNOTATIONSRepeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-19, 1953 Comp., relating to adjournments when judge is prevented from attending on first day of term.
NM Stat § 34-6-33 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-33 - Operation; dockets and records.

A. The district court clerk shall keep for each county in indexed volumes: (1) a civil docket; (2) a criminal docket; (3) an incapacitated person docket; (4) an adoption docket; (5) a probate docket; (6) a children's docket; (7) a judgment docket; and (8) a record of the proceedings of the court. In counties where the amount of business makes it desirable, separate criminal and civil records may be kept. B. The dockets shall show in convenient form for each case: (1) the names of the parties; (2) the names of their attorneys; (3) the nature of the case; (4) the filing of each paper; (5) a brief statement of every return, motion, rule, order, judgment or other proceeding, with reference to pages of the record where each entry can be found; and (6) the costs taxed and all costs and fees received. History: 1953 Comp., § 16-3-20, enacted by Laws 1968, ch. 69, § 34; 1972, ch. 97, § 47; 1975, ch. 257, § 8-101. ANNOTATIONSCross references. — For duty of clerk to record and index proceedings, see 34-1-6, 34-6-26 NMSA 1978. For judgment docket book, see 39-1-8 NMSA 1978. Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-20, 1953 Comp., relating to concurrent jurisdiction with probate court. Entry of judgment essential. — A judgment does not become complete and effective until a proper entry thereof is made. Animas Consol. Mines Co. v. Frazier, 1937-NMSC-031, 41 N.M. 389, 69 P.2d 927. Effective date of order. — In determining the time within which a cost bond must be filed, an order in writing signed by the district judge, allowing an appeal, became effective as the judgment of the court when filed with the clerk for entry in the record, and not on the date of the signing of the order. State v. Capital City Bank, 1926-NMSC-022, 31 N.M. 430, 246 P. 899. Signature by rubber stamp. — The clerk's signature by rubber stamp to endorsement of filing paper in cause was not prohibited by general principles. Costilla Estates Dev. Co. v. Mascarenas, 1927-NMSC-076, 33 N.M. 356, 267 P. 74. Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Courts § 25 et seq. 21 C.J.S. Courts § 178 et seq.
NM Stat § 34-6-34 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-34 - Finance; statutory construction.

Whenever the term "court fund" or "county court fund" may be used in the laws, it shall be construed to refer to the appropriation to the district court of the proper judicial district. History: 1953 Comp., § 16-3-22, enacted by Laws 1968, ch. 69, § 36. ANNOTATIONSCross references. — For payment of change of venue costs from fund of county where case originated, see 38-3-11 NMSA 1978. Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-22, 1953 Comp., relating to tax for district court maintenance and creation and disbursement of court fund.
NM Stat § 34-6-36 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-36 - Finance; disposition of litigant money; court clerk trust account.

Each district court clerk shall open a trust fund checking account, designated as the "court clerk trust account," in a bank which is a member of the federal deposit insurance corporation. Not later than two working days after receipt, the district court clerk shall deposit to this account all money which belongs to a litigant and all money which might be refunded to a litigant. Whenever the district court, by written order filed with the clerk, authorizes payment of money to a litigant from the court clerk trust account, the district court clerk shall issue his check on the account in accordance with the order. As prescribed by regulation of the director of the administrative office of the courts, money in the court clerk trust account may be invested by the district court clerk in obligations of the United States or in federally insured bank or savings and loan association savings accounts. History: 1953 Comp., § 16-3-24, enacted by Laws 1968, ch. 69, § 38. ANNOTATIONSCross references. — For rule governing litigant funds, see 1-102 NMRA. Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-24, 1953 Comp., relating to disposition of court fund surplus. Interest should be awarded to owner of principal. — Due process may require regulations awarding the interest on the trust fund account to the owner of the principal. 1976 Op. Att'y Gen. No. 76-25. Court use of litigant money. — Litigant money is to be deposited in a "court clerk trust account." This is a trust account. Therefore, the income from this trust must inure to the benefit of the trust, and the income may not be retained by a district court for its use or benefit. 1968 Op. Att'y Gen. No. 68-77.
NM Stat § 34-6-37 (2021)
2021 New Mexico Statutes|Chapter 34 - Court Structure and Administration|Article 6 - District Courts|Section 34-6-37 - Finance; disposition of court income; state treasurer account.

Each district court clerk shall open an account in a bank which is a member of the federal deposit insurance corporation. The account shall be in the name of the state treasurer of New Mexico, and withdrawals may be made only by the state treasurer. All fines, fees, costs and other money received by the clerk, except money designated by law for deposit in the court clerk trust account, shall be deposited to this account not later than two working days after receipt by the clerk. Deposit slips shall be prepared by the clerk to clearly distinguish between fines and forfeitures which the state treasurer will credit to the current school fund of the state, money designated by law for credit to other specific funds in the state treasury, and all other money. Duplicate deposit slips and all bank statements shall be forwarded immediately to the state treasurer by the clerk. No collateral securities shall be required of the bank for this account, but the state treasurer shall make withdrawals from each account at least quarterly, and, in any event, so that the balance remaining in any account never exceeds fifteen thousand dollars ($15,000). Money withdrawn shall be credited to the proper account in the state treasury, and any money not otherwise designated by law shall be credited to the state general fund. History: 1953 Comp., § 16-3-25, enacted by Laws 1968, ch. 69, § 39. ANNOTATIONSCross references. — For audit of accounts, see 12-6-1 NMSA 1978. For the Procurement Code, see 13-1-99 NMSA 1978. For the general fund, see 6-4-2 NMSA 1978. Repeals and reenactments. — Laws 1968, ch. 69, § 69, repeals former 16-3-25, 1953 Comp., relating to transfer of unclaimed money to court fund, and Laws 1968, ch. 69, § 39, enacts the above section. Section applies to excess federal fees. — Fees collected under 34-6-42 NMSA 1978 which are in excess of those remitted to the federal government must be handled according to this section, and the district court clerk is precluded from retaining them. 1968 Op. Att'y Gen. No. 68-77. Deposit of funds in reserve investment fund for 25 years. 1969 Op. Att'y Gen. No. 69-33 (rendered under prior law).