reglab/housing_qa huggingface dataset:
NM Stat § 35-7-3 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 7 - Magistrate Court; Magistrate Administration|Section 35-7-3 - Magistrate administration; standardized monthly reports.

Each magistrate court, under the supervision of the district court, shall file a standardized monthly report with the administrative office of the courts not later than the date each month established by the director of the administrative office of the courts. The report shall itemize all fines, forfeitures and costs imposed, received and disbursed by the magistrate during the previous month or indicate that none were imposed, received or disbursed. One copy of the report shall be retained by the magistrate court. The administrative office of the courts shall audit and adjust each report in accordance with the facts and file the reports in its office for a period of five years. History: 1953 Comp., § 36-9-3, enacted by Laws 1968, ch. 62, § 98; 1979, ch. 160, § 1; 1991, ch. 82, § 10; 2021, ch. 95, § 5. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-9-3, 1953 Comp., relating to survival of right to bring action, effective January 1, 1969. The 2021 amendment, effective June 18, 2021, revised provisions related to the magistrate courts' standardized monthly reports; and after "Each magistrate court", added "under the supervision of the district court", and after the next occurrence of "magistrate", added "court". The 1991 amendment, effective June 14, 1991, deleted former Subsection B which read "Any magistrate who fails to comply with the provisions of 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 § 9.
NM Stat § 35-7-5 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 7 - Magistrate Court; Magistrate Administration|Section 35-7-5 - Magistrate administration; public money; commingling; trust fund bank account.

A. All money collected by a magistrate court in connection with civil and criminal actions is public money of the state held in trust by the district court within the same judicial district until disbursed in accordance with law. Public money shall not be commingled with personal funds of the magistrate or any other funds.B. Every district court shall maintain a special trust fund checking account for the magistrate courts in its judicial district in a convenient bank insured by the federal deposit insurance corporation and shall deposit all public money into the account within two banking days after its receipt. History: 1953 Comp., § 36-9-5, enacted by Laws 1968, ch. 62, § 100; 1979, ch. 160, § 3; 2021, ch. 95, § 6. ANNOTATIONSCross references. — For audit of accounts, see 12-6-1 NMSA 1978. The 2021 amendment, effective June 18, 2021, transferred duties of the administrative office of the courts to individual judicial districts; in Subsection A, after "trust by the", deleted "magistrate" and added "district court within the same judicial district", and after "until", deleted "received by the administrative office of the courts or"; in Subsection B, after "Every", changed "magistrate" to "district", after "account", added "for the magistrate courts in its judicial district", after "account within", changed "four" to "two", and after "receipt", deleted "and shall make all remittances to the administrative office, as required by law, by check on this account"; and deleted former Subsection C, which provided a criminal penalty for violations of this section. County retention of penalty assessments. — A county did not have the power to alter the comprehensive funding and allocation system of the magistrate court and, therefore, did not have the authority to retain collected penalty assessments for violations of its traffic ordinances. Board of Comm'rs v. Greacen, 2000-NMSC-016, 129 N.M. 177, 3 P.3d 672. Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 C.J.S. Justices of the Peace § 9.
NM Stat § 35-7-6 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 7 - Magistrate Court; Magistrate Administration|Section 35-7-6 - Repealed.

History: 1953 Comp., § 36-9-6, enacted by Laws 1968, ch. 62, § 101; repealed by Laws 2019, ch. 74, § 10. ANNOTATIONSRepeals. — Laws 2019, ch. 74, § 10 repealed 35-7-6 NMSA 1978, as enacted by Laws 1968, ch. 62, § 101, relating to magistrate administration, current statutes, effective May 3, 2019. For provisions of former section, see the 2018 NMSA 1978 on NMOneSource.com.
NM Stat § 35-7-7 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 7 - Magistrate Court; Magistrate Administration|Section 35-7-7 - Magistrate administration; conflict of interest.

No magistrate shall, directly or indirectly: A. buy or be interested in buying any evidence of indebtedness or cause of action for the purpose of bringing any action before any court; B. either before or after suit, lend or advance or procure to be lent or advanced any money or other valuable thing to any person in consideration of, or as a reward or inducement for, placing any cause of action for prosecution or collection in any court; C. operate or be interested in a collection agency; D. with or without suit, collect, attempt to collect or become interested in collecting any claim where he received any commission, percentage, fee or charge other than those allowed by law; E. institute or influence any other person to institute any suit in any magistrate court; F. publish advertising relating to his office; G. operate or be interested in a bail or appeal bond business; or H. serve as surety on any bond posted in any court. History: 1953 Comp., § 36-9-7, enacted by Laws 1968, ch. 62, § 102; 1991, ch. 82, § 12. ANNOTATIONSCompiler's notes. — Laws 1968, ch. 62, § 171, repealed former 36-9-7, 1953 Comp., relating to time for appearance and pleading, effective January 1, 1977. Cross references. — For disqualification of magistrate, see N.M. Const., art. VI, § 18, 35-3-7, 35-3-8 NMSA 1978, Rule 2-106 NMRA and Rule 6-106 NMRA. The 1991 amendment, effective June 14, 1991, redesignated former Paragraphs (1) to (8) of Subsection A as Subsections A to H; deleted former Subsection B which read "Any magistrate violating any provision of 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 § 9.
NM Stat § 35-7-8 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 7 - Magistrate Court; Magistrate Administration|Section 35-7-8 - Repealed.

ANNOTATIONSRepeals. — Laws 1991, ch. 82, § 15 repealed 35-7-8 NMSA 1978, as enacted by Laws 1968, ch. 62, § 103, relating to official bond for magistrate and administration, effective June 14, 1991. For provisions of former section, see the 1990 NMSA 1978 on NMOneSource.com.
NM Stat § 35-7-9 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 7 - Magistrate Court; Magistrate Administration|Section 35-7-9 - Magistrate administration; court facilities.

The administrative office of the courts shall provide facilities for each magistrate court. Counties and municipalities shall cooperate and assist wherever possible. History: 1953 Comp., § 36-9-9, enacted by Laws 1968, ch. 62, § 104. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-9-9, 1953 Comp., relating to finding defendant guilty, judgment and warrant of removal, effective January 1, 1969.
NM Stat § 35-7-10 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 7 - Magistrate Court; Magistrate Administration|Section 35-7-10 - Magistrate administration; clerical assistants.

Within appropriations and budgetary limitations, the district court may employ and select clerical assistants for magistrates. History: 1953 Comp., § 36-9-10, enacted by Laws 1968, ch. 62, § 105; 1972, ch. 45, § 5; 1979, ch. 160, § 4; 2021, ch. 95, § 7. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, transferred duties of the administrative office of the courts to individual judicial districts; and after "limitations", deleted "each magistrate, or the presiding magistrate of a multi-magistrate court, may select and the administrative office of the courts" and added "the district court", and after "may employ", added "and select".
NM Stat § 35-7-11 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 7 - Magistrate Court; Magistrate Administration|Section 35-7-11 - Magistrate administration; finances.

Except as otherwise specifically provided by law, all salaries and expenses of the magistrate court shall be paid by the state treasurer upon warrants of the secretary of finance and administration, supported by vouchers approved by the chief district judge and in accordance with budgets approved by the state budget division of the department of finance and administration. History: 1953 Comp., § 36-9-11, enacted by Laws 1968, ch. 62, § 106; 1977, ch. 247, § 149; 2021, ch. 95, § 8. ANNOTATIONSThe 2021 amendment, effective June 18, 2021, transferred duties of the administrative office of the courts to individual judicial districts; and after "approved by the", deleted "director of the administrative office of the courts" and added "chief district judge".
NM Stat § 35-7-12 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 7 - Magistrate Court; Magistrate Administration|Section 35-7-12 - Magistrate administration; rules of pleading, practice and procedure.

A. The supreme court of New Mexico shall, by rules promulgated by it from time to time, regulate pleading, practice and procedure in judicial proceedings in the magistrate court for the purpose of simplifying and promoting the speedy determination of litigation upon its merits. Such rules shall not abridge, enlarge or modify the substantive rights of any litigant. B. The supreme court shall cause all rules to be printed and distributed to all magistrates and to all members of the bar and no rule shall become effective until thirty days after it has been so printed and distributed. History: 1953 Comp., § 36-9-12, enacted by Laws 1968, ch. 62, § 107. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-9-12, 1953 Comp., relating to warrant for removal executed in daytime, effective January 1, 1969. Cross references. — For Rules of Civil Procedure for the Magistrate Courts, see Rule 2-101 NMRA et seq. For Rules of Criminal Procedure for the Magistrate Courts, see Rule 6-101 NMRA et seq.
NM Stat § 35-7-13 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 7 - Magistrate Court; Magistrate Administration|Section 35-7-13 - Repealed.

History: Laws 2010, ch. 7, § 1; repealed by Laws 2010, ch. 7, § 4.ANNOTATIONSRepeals. — Laws 2010, ch. 7, § 4 repealed 35-7-13 NMSA 1978, as enacted by Laws 2010, ch. 7, § 1, relating to the magistrate courts operation fund, effective July 1, 2014. For provision of former section, see the 2013 NMSA 1978 on NMOneSource.com.
NM Stat § 35-8-1 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|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 or offenses that do not prescribe incarceration as a penalty, the right to trial by jury exists in all actions in the magistrate court that are within magistrate trial jurisdiction. History: 1953 Comp., § 36-10-1, enacted by Laws 1968, ch. 62, § 108; 1975, ch. 242, § 5; 2009, ch. 133, § 1. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-10-1, 1953 Comp., relating to right of action of replevin, effective January 1, 1969. Cross references. — For right to jury trial, see N.M. Const., art. II, § 12. For rules thereto, see Rules 2-602 to 2-605, Rules 6-505, 6-602, 6-603, 6-605, 6-609 and 6-610 NMRA. The 2009 amendment, effective April 7, 2009, added "penalty assessment misdemeanors or offenses that do not prescribe incarceration as a penalty". Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Jury § 24 et seq. Constitutional provision prohibiting local or special legislation as applied to statutes relating to juries, 155 A.L.R. 789. Mandamus or prohibition as remedy to enforce right to jury trial, 41 A.L.R.2d 780. Indoctrination by court of persons summoned for jury service, 89 A.L.R.2d 197. Right to trial by jury in criminal prosecution for driving while intoxicated or similar offense, 16 A.L.R.3d 1373. Issues in garnishment as triable to court or to jury, 19 A.L.R.3d 1393. 50 C.J.S. Juries § 12; 51 C.J.S. Justices of the Peace § 99.
NM Stat § 35-8-2 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 8 - Magistrate Court; Juries and Jurors|Section 35-8-2 - Magistrate jury; demand.

A. Either party to an action in the magistrate court within magistrate trial jurisdiction may demand trial by jury. Demand shall be made in the manner specified by the Rules of Civil Procedure or the Rules of Criminal Procedure for the Magistrate Courts. B. In civil actions, the magistrate shall collect from the party demanding trial by jury the jury fee established by law, but no jury fee shall be assessed against the state. In criminal actions, the magistrate shall not collect a jury fee. If demand is not made as provided in this section, or if the jury fee in any civil action is not paid at the time demand is made, trial by jury is deemed waived. History: 1953 Comp., § 36-10-2, enacted by Laws 1968, ch. 62, § 109; 1973, ch. 29, § 1; 1975, ch. 242, § 6. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-10-2, 1953 Comp., relating to commencement of replevin by writ, effective January 1, 1969. Cross references. — For Rules of Civil Procedure for the Magistrate Courts, see Rule 2-101 NMRA et seq. For Rules of Criminal Procedure for the Magistrate Courts, see Rule 6-101 NMRA et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Jury § 24 et seq. Rule or statute requiring opposing party's consent to withdrawal of demand for jury trial, 90 A.L.R.2d 1162. 50 C.J.S. Juries § 12; 51 C.J.S. Justices of the Peace § 99, 110, 235.
NM Stat § 35-8-3 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 8 - Magistrate Court; Juries and Jurors|Section 35-8-3 - Magistrate jury; selecting and empaneling a jury.

A. A jury in the magistrate court consists of six jurors with the same qualifications as jurors in the district court. B. The magistrate shall direct the clerk of the district court to draw and assign to that court the number of qualified jurors the magistrate deems necessary for one or more jury panels. Upon the receipt of the direction and in the manner prescribed for the selection of district court jurors, the clerk of the district court shall draw at random from the master jury wheel the number of qualified jurors specified. The names of jurors drawn for magistrate jury service shall be forwarded to the magistrate who shall maintain a record of the names and addresses of the prospective jurors. C. Whenever a jury is required, the magistrate shall order the sheriff or a responsible person to summon the persons named on the jury list to appear at the time and place set for trial of the action. If a jury is left incomplete because of failure of jurors to appear, excused absences or disqualifications, the magistrate shall direct the sheriff to summon others to complete the jury. D. No person may be required to remain as a member of a magistrate jury panel for longer than six months following qualification as a juror in any year unless the panel is engaged in a trial. History: 1953 Comp., § 36-10-3, enacted by Laws 1974, ch. 37, § 1. ANNOTATIONSRepeals and reenactments. — Laws 1968, ch. 62, § 171, repealed former 36-10-3, 1953 Comp., relating to affidavit for replevin, effective January 1, 1969, and Laws 1968, ch. 62, § 110, enacted a new 36-10-3, 1953 Comp., relating to magistrate jury and empaneling. Laws 1974, ch. 37, § 1, repealed 36-10-3, 1953 Comp., relating to magistrate jury and empaneling, and enacted a new section. Cross references. — For jury consisting of six persons, see N.M. Const., art. II, § 12. For juries and jurors generally, see 38-5-1 to 38-5-19 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Jury § 100 et seq. Right of consent to trial of criminal case before less than twelve jurors; and effect of consent upon jurisdiction of court to proceed with less than twelve, 70 A.L.R. 279, 105 A.L.R. 1114. Irregularity in drawing names for a jury panel as ground of complaint by defendant in criminal prosecution, 92 A.L.R. 1109. Validity of selection of jury in absence of defendant from courtroom, 33 A.L.R.4th 429. 51 C.J.S. Justices of the Peace § 99.
NM Stat § 35-8-4 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 8 - Magistrate Court; Juries and Jurors|Section 35-8-4 - Magistrate jury; trial.

Juries in the magistrate court shall hear the evidence in the action which shall be delivered in public in its presence. After hearing the evidence and being duly charged by the magistrate, the members of the jury shall be kept together until: A. in civil actions, five members shall agree upon a verdict; B. in criminal actions, the members unanimously agree upon a verdict; or C. the members are discharged by the magistrate. The magistrate shall give judgment upon any verdict. History: 1953 Comp., § 36-10-4, enacted by Laws 1968, ch. 62, § 111; 1975, ch. 242, § 7. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-10-4, 1953 Comp., relating to contents of writ of replevin and obtaining of property, effective January 1, 1969. Magistrate court has no jurisdiction to set aside a jury verdict. Jaramillo v. O'Toole, 1982-NMSC-011, 97 N.M. 345, 639 P.2d 1199. Am. Jur. 2d, A.L.R. and C.J.S. references. — 75B Am. Jur. 2d Trial § 1493 et seq. Separation of jury in criminal case, 21 A.L.R.2d 1088. Separation or dispersal of jury in civil case after submission, 77 A.L.R.2d 1086. 24B C.J.S. Criminal Law §§ 1382 to 1385; 51 C.J.S. Justices of the Peace § 99.
NM Stat § 35-8-5 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 8 - Magistrate Court; Juries and Jurors|Section 35-8-5 - Magistrate jury; discharge upon failure to agree.

Whenever the magistrate is satisfied that a jury cannot agree upon a verdict in the manner provided by law after a reasonable time, or, in the exercise of his discretion the magistrate determines that some necessity exists for discharge of the jury, he may discharge it and summon a new jury unless the parties agree that the magistrate may render judgment. History: 1953 Comp., § 36-10-5, enacted by Laws 1968, ch. 62, § 112; 1975, ch. 242, § 8. ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-10-5, 1953 Comp., relating to bonds of plaintiff and defendant, effective January 1, 1969. Am. Jur. 2d, A.L.R. and C.J.S. references. — 75B Am. Jur. 2d Trial §§ 1713, 1743, 1744. Separation of jury in criminal case, 21 A.L.R.2d 1088. Separation or dispersal of jury in civil case after submission, 77 A.L.R.2d 1086. Time jury must be kept together on disagreement in criminal case, 93 A.L.R.2d 627. Separation of jury in criminal case after submission of cause-modern cases, 72 A.L.R.3d 248. 24 C.J.S. Criminal Law §§ 1388 to 1390; 51 C.J.S. Justices of the Peace § 99.
NM Stat § 35-8-6 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 8 - Magistrate Court; Juries and Jurors|Section 35-8-6 - Repealed.

ANNOTATIONSRepeals. — Laws 1987, ch. 279, § 1 repealed 35-8-6 NMSA 1978, as enacted by Laws 1968, ch. 62, § 113, relating to juror fees in magistrate court, effective June 19, 1987.
NM Stat § 35-8-7 (2021)
2021 New Mexico Statutes|Chapter 35 - Magistrate and Municipal Courts|Article 8 - Magistrate Court; Juries and Jurors|Section 35-8-7 - Magistrate civil jury fees.

A. In each action in the magistrate court in which a jury is summoned, persons summoned for jury service and jurors shall be compensated for their time in attendance and service at the highest prevailing minimum-wage rate. B. Those persons shall also be reimbursed for travel in excess of forty miles round trip from their place of actual residence to the court, when their attendance is ordered, at the rate allowed public officers and employees per mile of necessary travel. C. Those costs shall be charged against the party requesting the jury in a civil action, though no costs shall be charged against the state. All costs collected by the magistrate under this section shall be remitted to the administrative office of the courts, and all jurors shall be paid by the state treasurer in the same manner as other magistrate court expenses are paid." History: 1978 Comp., § 35-8-6, enacted by Laws 1991, ch. 82, § 13; 2017, ch. 61, § 1. ANNOTATIONSCompiler's notes. — Laws 1991, ch. 82, § 13 enacted this section as 35-8-6 NMSA 1978, but, since that code number had already been assigned, this section was compiled as 35-8-7 NMSA 1978. The 2017 amendment, effective June 16, 2017, reduced mileage reimbursement for certain jurors, allowing a juror to be reimbursed for mileage only if the juror travels more than forty miles round trip from the juror's residence to the courthouse; in Subsection A, after "their time in", deleted "travel"; and in Subsection B, after "reimbursed for travel", added "in excess of forty miles round trip", after "residence to the court", added "when their attendance is ordered", after "necessary travel", deleted "pursuant to the Per Diem and Mileage Act if", and deleted Paragraphs B(1) and B(2).