2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 6 - Magistrate Court; Fees and Costs › Section 35-6-1 - Magistrate costs; schedule. (Effective July 1, 2024.)

A. Magistrate judges, including metropolitan court judges, shall assess and collect and shall not waive, defer or suspend the following costs:
docket fee, twenty dollars ($20.00) of which shall be deposited in the court automation fund and fifteen dollars ($15.00) of which shall be deposited in the civil legal services fund, to be collected prior to docketing any civil action, except as provided in Subsection A of Section 35-6-3 NMSA 1978 72.00; and jury fee, to be collected from the party demanding trial by jury in any civil action at the time the demand is filed or made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25.00.
copying fee, for making and certifying copies of any records in the court, for each page copied by photographic process . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.50.
Proceeds from this copying fee shall be transferred to the administrative office of the courts for deposit in the court facilities fund; and
copying fee, for computer-generated or electronically transferred copies, per page. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00.
Proceeds from this copying fee shall be transferred to the administrative office of the courts for deposit in the court automation fund.
Except as otherwise specifically provided by law, docket fees shall be paid into the court facilities fund.
B. Except as otherwise provided by law, no other costs or fees shall be charged or collected in the magistrate or metropolitan court.
C. The magistrate or metropolitan court may grant free process to any party in any civil proceeding or special statutory proceeding upon a proper showing of indigency. The magistrate or metropolitan court may deny free process if it finds that the complaint on its face does not state a cause of action.
D. Metropolitan court judges shall assess and collect and shall not waive, defer or suspend as costs a mediation fee not to exceed five dollars ($5.00) for the docketing of small claims and criminal actions specified by metropolitan court rule. Proceeds of the mediation fee shall be deposited into the metropolitan court mediation fund.
History:
1953 Comp., § 36-8-1, enacted by Laws 1968, ch. 62, § 92; 1977, ch. 164, § 1; 1983, ch. 134, § 2; 1984, ch. 118, § 1; 1986, ch. 16, § 2; 1987, ch. 32, § 1; 1987, ch. 251, § 2; 1988, ch. 121, § 2; 1989, ch. 245, § 2; 1990, ch. 57, § 4; 1991, ch. 82, § 7; 1992, ch. 118, § 17; 1993, ch. 273, § 3; 1996, ch. 41, § 5; 1997, ch. 242, § 3; 1997, ch. 247, § 1; 1998 (1st S.S.), ch. 6, § 3; 2000, ch. 5, § 6; 2001, ch. 277, § 2; 2001, ch. 279, § 2; 2003, ch. 424, § 2; 2009, ch. 245, § 2; 2011, ch. 173, § 2; 2023, ch. 184, § 12.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, eliminated certain costs and fees collected by the court, and removed the definition of "convicted" as used in the section; in the section heading, deleted "definition of 'convicted'"; in Subsection A, deleted "docket fee, criminal actions under Section 29-5-1 NMSA 1978 . . .$1.00; docket fee, to be collected prior to docketing any other criminal action, except as provided in Subsection B of Section 35-6-3 NMSA 1978 . . . $20.00. Proceeds from this docket fee shall be transferred to the administrative office of the courts for deposit in the court facilities fund"; and deleted former Subsection D and redesignated former Subsection E as Subsection D.