reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-17 - Judges; principal offices.

The principal office of each district judge shall be at the county seat of a county within the judicial district as provided by rule of the district court. When the convenience of the public can be better served by establishment of an additional office within the county, this may be provided by rule of the district court.
History:
1953 Comp., § 16-3-4, enacted by Laws 1968, ch. 69, § 18.
ANNOTATIONS
Cross references.
— For personnel and travel expenses,
see
34-6-23 NMSA 1978.
Repeals and reenactments.
— Laws 1968, ch. 69, § 69, repeals former 16-3-4, 1953 Comp., relating to process and expenditures in the first judicial district.
Commitment hearing held 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.
2023 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.
ANNOTATIONS
Cross 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— Laws 1961, ch. 121, § 4, repealed former 16-3-6, 1953 Comp., relating to powers of judges of the second judicial district, and a new 16-3-6, 1953 Comp., dealing with the same subject matter,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.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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).
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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).
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-38 - Finance; disposition of unclaimed money.

When money is held in the court clerk trust account and the person entitled to it does not make claim within six years from the date when it became payable, the money is presumed abandoned and shall be disposed of in the manner provided in the Uniform Disposition of Unclaimed Property Act [Uniform Unclaimed Property Act (1995), Chapter 7, Article 8A NMSA 1978].
History:
1953 Comp., § 16-3-26, enacted by Laws 1968, ch. 69, § 40.
ANNOTATIONS
Repeals and reenactments.
— Laws 1968, ch. 69, § 69, repealed former 16-3-26, 1953 Comp., relating to levy and collection of state court tax fund.
Compiler's notes.
— The Uniform Disposition of Unclaimed Property Act, referred to in this section, was repealed by Laws 1997, ch. 25, § 33. The Uniform Disposition of Unclaimed Property Act was replaced by the Uniform Unclaimed Property Act (1995). The bracketed insertion was added by the compiler and is not a part of the enacted law.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-39 - Finance; improper disposition of money; penalty.

Any person who violates any provision of Sections 34-6-36 through 34-6-38 NMSA 1978, is guilty of a fourth degree felony.
History:
1953 Comp., § 16-3-27, enacted by Laws 1968, ch. 69, § 41.
ANNOTATIONS
Cross references.
— For punishment for fourth degree felonies,
see
31-18-15 NMSA 1978.
Repeals and reenactments.
— Laws 1968, ch. 69, § 69, repealed former 16-3-27, 1953 Comp., relating to certification of amounts needed for criminal trials and duties in levying and collecting state court fund tax.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-40.1 - Civil action by state; filing fee assessed as costs.

In any civil action brought in the district court by the state, its political subdivisions or the nonprofit corporations authorized to be formed under the Educational Assistance Act [Chapter 21, Article 21A NMSA 1978], when judgment or stipulation for payment is rendered in favor of the state, political subdivision or corporation, the filing fee exempt from being paid by the state, political subdivision or corporation pursuant to Section 34-6-40 NMSA 1978 shall be taxed as costs against the nonprevailing party and paid to the district court clerk from the first money paid by the nonprevailing party on the judgement or stipulation for payment.
History:
Laws 1981, ch. 307, § 1; 1989, ch. 90, § 2.
ANNOTATIONS
The 1989 amendment,
effective June 16, 1989, substituted the present provisions for "In any civil action brought by the state or its political subdivisions in the district court when judgment is rendered in favor of the state or political subdivision, the filing fee exempt from being paid by the state or its political subdivision pursuant to section 34-6-40 NMSA 1978 shall be taxed as costs against the nonprevailing party and paid to the district court clerk".
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-41 - Finance; jury refreshments, meals and rooms.

A. The district court may provide suitable refreshments for prospective jurors summoned for jury service.
B. When district court juries are engaged in a trial, the court may provide suitable meals and necessary accommodations for them.
History:
1953 Comp., § 16-3-29, enacted by Laws 1968, ch. 69, § 43; 1989, ch. 116, § 1.
ANNOTATIONS
Repeals and reenactments.
— Laws 1968, ch. 69, § 69, repealed former 16-3-29, 1953 Comp., relating to requirement that county levy one mill tax before sharing in state court fund.
The 1989 amendment,
effective June 16, 1989, inserted "refreshments" in the catchline; designated the formerly undesignated provisions as Subsection B; and added Subsection A.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-42 - Finance; federal functions.

District court clerks shall collect fees required by federal law for services in connection with naturalization, passport applications and other matters.
History:
1953 Comp., § 16-3-30, enacted by Laws 1968, ch. 69, § 44.
ANNOTATIONS
Repeals and reenactments.
— Laws 1968, ch. 69, § 69, repealed former 16-3-30, 1953 Comp., relating to renting suitable quarters for court business.
Disposition of excess fees.
— Fees collected under this section which are in excess of those remitted to the federal government must be handled according to 34-6-37 NMSA 1978, and the district court clerk is precluded from retaining them. 1968 Op. Att'y Gen. No. 68-77.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-43 - Finance; statutory fees exclusive.

Services required to be performed by district court clerks are without charge when no fee is prescribed by law.
History:
1953 Comp., § 16-3-31, enacted by Laws 1968, ch. 69, § 45.
ANNOTATIONS
Repeals and reenactments.
— Laws 1968, ch. 69, § 69, repealed former 16-3-31, 1953 Comp., relating to payment of rentals from county court funds.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-44 - District court alternative dispute resolution fund; administration.

A judicial district that collects an alternative dispute resolution fee pursuant to Section 34-6-45 NMSA 1978 shall create an "alternative dispute resolution fund" of the judicial district. Money in the fund shall be used to defray the cost of operating alternative dispute resolution programs established by judicial district court rule approved by the supreme court, including but not limited to arbitration, mediation and settlement facilitation programs. No part of the fund shall revert at the end of any fiscal year.
History:
Laws 1986, ch. 26, § 1; 1989, ch. 324, § 27; 1994, ch. 37, § 1.
ANNOTATIONS
The 1994 amendment,
effective May 18, 1994, rewrote the section heading, which formerly read: "District court arbitration fund created; administration; distribution"; and rewrote the section.
Law reviews.
— For comment, "Problems with Court-Annexed Mandatory Arbitration: Illustrations from the New Mexico Experience," see 32 N.M. Rev. 181 (2002).
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-45 - District courts; alternative dispute resolution; fee.

A. In addition to fees collected pursuant to, and subject to exceptions set forth in, Section 34-6-40 NMSA 1978 for docketing of civil cases in any judicial district that has established an alternative dispute resolution program, the district court clerk shall collect a fee of fifteen dollars ($15.00) on all new and reopened civil cases except domestic relations cases. The fee shall be deposited for credit to the district court alternative dispute resolution fund pursuant to the provisions of Section 34-6-44 NMSA 1978.
B. A judicial district may establish an alternative dispute resolution program by court rule approved by the supreme court. Parties shall pay the cost of the alternative dispute resolution program pursuant to a sliding fee scale approved by the supreme court. The sliding fee scale shall be based on ability to pay. The fee shall be paid to the district court to be credited to the fund.
History:
Laws 1986, ch. 26, § 2; 1990, ch. 56, § 1; 1994, ch. 37, § 2; 2017, ch. 39, § 1.
ANNOTATIONS
The 2017 amendment,
effective June 16, 2017, allowed district courts to recover costs from parties of alternative dispute resolution programs, and corrected a citation to the alternative dispute resolution fund; added the new subsection designation "A."; in Subsection A, after "alternative dispute resolution program", deleted "by judicial district court rule approved by the supreme court, including but not limited to arbitration, mediation and settlement facilitation programs", and after "Section", deleted "34-6-37" and added "34-6-44"; and added Subsection B.
The 1994 amendment,
effective May 18, 1994, rewrote the section heading, which read: "District courts; civil actions arbitration user fee"; substituted "alternative dispute resolution" for "arbitration" in the second sentence; and, in the first sentence, substituted "alternative dispute resolution program by judicial district court rule approved by the supreme court, including but not limited to arbitration, mediation and settlement facilitation programs" for "arbitration program by judicial district court rule as approved by the supreme court for the efficient and inexpensive disposition of small claims", and deleted "user" preceding "fee" and "and children's court" following "relations".
The 1990 amendment,
effective March 2, 1990, substituted the present first sentence of the section for a sentence which read "Subject to approval of the supreme court, district court clerks may collect an arbitration user fee not to exceed fifty dollars ($50.00) from each party referred to arbitration pursuant to the requirements of an arbitration program established by judicial district court rule as approved by the supreme court for the efficient and inexpensive disposition of small claims".
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-46 - District court; indigency standard; fee schedule; reimbursement.

A. The district 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 district 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 district 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., § 34-6-46, enacted by Laws 1987, ch. 20, § 3.
ANNOTATIONS
Cross references.
— For defense of indigents,
see
31-16-1 NMSA 1978.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-47 - Drug court fees; fund created.

A. In addition to any other fees collected in the district court, a district court that has established an adult drug court 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.
B. Drug court fees shall be deposited in the "drug court fund" of a specific judicial district in the state treasury. The judicial district shall administer money in the fund to offset client service costs of the drug court program, consistent with standards approved by the supreme court. Money in the fund shall be expended on warrants of the secretary of finance and administration upon vouchers signed by the court administrator or his authorized representative. Balances in the fund shall not revert to the general fund at the end of a fiscal year.
History:
Laws 2003, ch. 240, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 240, § 4 makes the act effective July 1, 2003.
Appropriations.
— Laws 2006, ch. 110, § 1, appropriates $257,000 to the administrative office of the courts for the drug court program and $57,000 to the second judicial district for the drug court.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 6 - District Courts › Section 34-6-48 - District court; electronic services fee.

A district 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, § 4.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-1 - Probate court; probate judge.

A. There shall be a probate judge in each county of this state, and each county is a probate court district.
B. The position of probate judge is a part-time position.
History:
Kearny Code, Courts and Judicial Powers, § 19; C.L. 1865, ch. 21, § 1; C.L. 1884, § 407; C.L. 1897, § 745; Code 1915, § 1423; C.S. 1929, § 34-401; 1941 Comp., § 16-401; 1953 Comp., § 16-4-1; 1978 Comp., § 34-7-1; 1987, ch. 224, § 1; 2023, ch. 44, § 1.
ANNOTATIONS
Cross references.
— For title to townsites vesting in probate judge,
see
19-4-4 NMSA 1978.
For Probate Code,
see
45-1-101 NMSA 1978.
For probate court forms,
see
4B-001 NMRA.
Compiler's notes.
— The 1915 Code compilers deleted "who shall hold his office for two years, and until his successor be appointed and qualified" at the end.
The 2023 amendment,
effective July 1, 2023, provided that each county is a probate court district; and in Subsection A, after "each county of this state", added "and each county is a probate court district".
Law reviews.
— For survey, "Article VII of the New Probate Code: In Pursuit of Uniform Trust Administration," see 6 N.M. L. Rev. 213 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references. —
20 Am. Jur. 2d Courts § 14.
21 C.J.S. Courts § 93 et seq.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-2 - Probate judge; election.

A probate judge shall be elected at each general election at which the governor is elected.
History:
Laws 1851-1852, p. 198; C.L. 1865, ch. 63, § 4; Code 1915, § 1245; C.S. 1929, § 33-4401; 1941 Comp., § 16-402; 1953 Comp., § 16-4-2; 1978 Comp., § 34-7-2; 2023, ch. 44, § 2.
ANNOTATIONS
Cross references.
— For effect of city-county consolidation on probate judge,
see
3-16-11 NMSA 1978.
The 2023 amendment,
effective July 1, 2023, aligned the probate judge election cycle so all judges are in the same cycle that matches the gubernatorial election cycle; added the section heading "Probate judge; election", and added "A probate judge shall be elected", and after "general election", deleted "held in this state, there shall be elected in each county a probate judge and a sheriff" and added "at which the governor is elected".
Temporary provisions.
— Laws 2023, ch. 44, § 15 provided:
A. Pursuant to Article 20, Section 3 of the constitution of New Mexico, the legislature finds that the probate judge term adjustments provided for in Section 34-7-2 NMSA 1978 as amended by this act are necessary to:
(1) align the election of all thirty-three probate judges throughout the state; and
(2) enable more effective training for new judges.
B. The term of a probate court judge that was set to expire on December 31, 2024 shall expire on December 31, 2026.
Law reviews.
— For survey, "Article VII of the New Probate Code: In Pursuit of Uniform Trust Administration," see 6 N.M. L. Rev. 213 (1976).
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-3 - Probate courts; seal.

The probate courts shall procure and keep a seal with emblems and devices as the supreme court determines.
History:
Kearny Code, Records and Seals, § 1; C.L. 1865, ch. 93, § 1; C.L. 1884, § 658; C.L. 1897, § 1033; Code 1915, § 1424; C.S. 1929, § 34-402; 1941 Comp., § 16-404; 1953 Comp., § 16-4-4; 1978 Comp., § 34-7-3; 2023, ch. 44, § 3.
ANNOTATIONS
Cross references.
— For affixing and preservation of seal by clerk,
see
34-1-6 NMSA 1978.
The 2023 amendment,
effective July 1, 2023, provided the supreme court with the authority to make a determination on the seal to be used by probate courts, a determination that is currently within the authority of the probate courts; added the section heading "Probate courts; seal"; and after "devices as the", deleted "courts shall think proper" and added "supreme court determines".
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-4 - Place of holding court; quarters; salary.

A. The probate court shall be located at the county seat unless another location is designated by ordinance of the board of county commissioners.
B. The board of county commissioners shall provide adequate quarters for the probate court, including necessary furnishings, equipment, books, supplies, utilities, upkeep and maintenance.
C. Except as otherwise specifically provided by law, all expenses of the probate court, including salary and benefits of the judge, shall be paid from the county general fund in accordance with the court budget approved by the board of county commissioners.
History:
Laws 1869-1870, ch. 51, § 1; C.L. 1884, § 415; C.L. 1897, § 749; Code 1915, § 1426; C.S. 1929, § 34-404; 1941 Comp., § 16-405; 1953 Comp., § 16-4-5; 1978 Comp., § 34-7-4, repealed and reenacted by Laws 2023, ch. 44, § 4.
ANNOTATIONS
Repeals and reenactments.
— Laws 2023, ch. 44, § 4 repealed former 34-7-4 NMSA 1978 and enacted a new section, effective July 1, 2023.
Cross references.
— For penalty for violating this section,
see
34-7-5 NMSA 1978.
For county clerk serving as probate court clerk if no other provision is made,
see
N.M. Const., art. VI, § 22.
For sheriff attending sessions,
see
4-41-13, 4-41-16 NMSA 1978.
Removal to new county seat.
— A county is authorized to remove to a properly selected new county seat all county offices and property pertaining thereto, if new courthouse and jail are ready for occupancy.
Orchard v. Board of Comm'rs
, 1938-NMSC-011, 42 N.M. 172, 76 P.2d 41.
Office need not be in courthouse or designated space.
— This section only requires that office of the probate judge be located within the county seat; hence, it need not necessarily be in the courthouse or within some space designated by the county commissioners. 1943 Op. Att'y Gen. No. 43-4406.
County clerk cannot be paid additional salary for serving as probate clerk.
1943 Op. Att'y Gen. No. 43-4365.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-5 - Repealed.

History:
Laws 1869-1870, ch. 51, § 2; 1882, ch. 82, § 1; C.L. 1884, § 16; C.L. 1897, § 750; Code 1915, § 1427; C.S. 1929, § 34-405; 1941 Comp., § 16-406; 1953 Comp., § 16-4-6; 1978 Comp., § 34-7-5, repealed by Laws 2023, ch. 44, § 16.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 44, § 16 repealed 34-7-5 NMSA 1978, as enacted by Laws 1869-1870, ch. 51, § 2, relating to failure to hold court or keep clerk's office at county seat, penalty, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-6 - Repealed.

History:
Laws 1887, ch. 66, § 3; C.L. 1897, § 754; Code 1915, § 1437; C.S. 1929, § 34-418; 1941 Comp., § 16-407; 1953 Comp., § 16-4-7; 1978 Comp., § 34-7-3, repealed by Laws 2023, ch. 44, § 16.
ANNOTATIONS
Repeals.
— Laws 2023, ch. 44, § 16 repealed 34-7-6 NMSA 1978, as enacted by Laws 1887, ch. 66, § 3, relating to county must furnish office and supplies for judge, effective July 1, 2023. For provisions of former section,
see
the 2022 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-7 - Custody of records.

The records, archives, documents and books of the probate court shall be under the charge of the clerk of the probate court in accordance with standards established by the supreme court. The records, archives and documents shall be kept in a separate book maintained for that purpose and may be kept in physical or electronic form.
History:
Law 1865-1866, ch. 41, § 2; C.L. 1884, § 411; C.L. 1897, § 747; Code 1915, § 1425; C.S. 1929, § 34-403; 1941 Comp., § 16-408; 1953 Comp., § 16-4-8; 1978 Comp., § 34-7-7, repealed and reenacted by Laws 2023, ch. 44, § 5.
ANNOTATIONS
Repeals and reenactments.
— Laws 2023, ch. 44, § 5 repealed former 34-7-7 NMSA 1978 and enacted a new section, effective July 1, 2023.
Compiler's notes.
— The 1915 Code compilers deleted "The offices of the said probate courts shall be kept at the county seats of their respective counties, and" from the beginning of this section.
See
34-7-4, 34-7-6 NMSA 1978.
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-8 - Probate court; hours of business.

A. The probate court shall be open at such times as determined by the clerk of the probate court and published on the county's website.
B. The probate judge in each county shall conduct business during those times as necessary for the proper discharge of duties and may set regular hours.
History:
Laws 1935, ch. 63, § 1; 1941 Comp., § 16-409; 1953 Comp., § 16-4-9; 1978 Comp., § 34-7-8; 1987, ch. 224, § 2; 2023, ch. 44, § 6.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, revised provisions related to probate court hours of business; in the section heading, deleted "notice"; in Subsection A, after "The probate", deleted "courts of the state" and added "court", after "shall be", deleted "in session and", after "at such times", deleted "as are needed for the transaction of any business matters which may properly come before the courts under the laws of the state and upon notice thereof given as required under the laws of the state" and added "as determined by the clerk of the probate court and published on the county's website"; and added Subsection B.
Validating clauses.
— Laws 1935, ch. 63, § 2, reads: "All matters and business transacted, judgments and decrees heretofore legally entered by the probate courts of the state of New Mexico, whether the same were heard and determined and judgment entered at a time other than at a term time as may heretofore have been provided under the laws of the state of New Mexico, are hereby approved, ratified and confirmed."
2023 New Mexico Statutes › Chapter 34 - Court Structure and Administration › Article 7 - Probate Courts › Section 34-7-10 - Proceedings in district court.

A. All proceedings transferred from the probate court to the district court shall be docketed as other causes in that court, which court shall exercise the same authority and take the same steps and proceedings as would have otherwise been taken in the probate court.
B. If a case was properly filed within the jurisdiction of the probate court and later transferred to the district court, no filing fee shall be charged in the district court.
History:
Laws 1933, ch. 102, § 2; 1941 Comp., § 16-413; 1953 Comp., § 16-4-13; 1978 Comp., § 34-7-10; 2023, ch. 44, § 8.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2023, provided that no filing fee shall be charged in the district court when a case is properly filed in the probate court and later transferred to the district court; added the section heading "Proceedings in district court"; in Subsection A, after "All proceedings transferred", added "from the probate court to the district court"; and added Subsection B.
Jurisdiction of district court.
— Where a probate proceeding was removed from a probate court to a district court, the district court possessed only such jurisdiction in the premises as that enjoyed by the probate court.
In re Conley's Will
, 1954-NMSC-112, 58 N.M. 771, 276 P.2d 906.