2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 3 - Magistrate Court; Jurisdiction › Section 35-3-6 - Jurisdiction; territorial limits.

A. The territorial jurisdiction of a magistrate is coextensive with the magistrate district in which the magistrate serves. A magistrate also has jurisdiction in any criminal action involving violation of a law relating to motor vehicles arising in a magistrate district adjoining at any point that in which the magistrate serves and within magistrate trial jurisdiction; provided that the defendant is entitled to a change of venue to the district where the cause of action arose if the defendant so moves at, or within fifteen days after, arraignment.
B. A magistrate has jurisdiction to sit in any action arising in any other magistrate district when designated for a specific period of time by a district judge because of the unavailability of a magistrate in that magistrate district. A magistrate acting in another magistrate district by designation pursuant to this subsection shall include the cases heard by designation in the magistrate's own reports to the administrative office of the courts, indicating on the reports that the magistrate's jurisdiction is by designation.
C. In a criminal action in which a magistrate has territorial jurisdiction over the offense pursuant to this section, the magistrate court has personal jurisdiction over the defendant for the purpose of service of process upon the defendant wherever the defendant resides or may be found within the state.
D. In a civil action arising within the magistrate's territorial jurisdiction, the magistrate court has personal jurisdiction over the defendant for the purpose of service of process upon the defendant wherever the defendant resides or may be found within the state.
E. The territorial limitations of magistrate court jurisdiction shall not apply to actions to enforce judgments entered in the magistrate district and writs issued in aid of those actions.
History:
1953 Comp., § 36-3-6, enacted by Laws 1968, ch. 62, § 51; 1985, ch. 59, § 2; 1989, ch. 65, § 2; 1991, ch. 82, § 1; 1999, ch. 95, § 2; 2007, ch. 251, § 1.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-3-6, 1953 Comp., relating to application and proof for, and granting of, change of venue, effective January 1, 1969.
Cross references.
— For civil actions in district court,
see
38-3-1 NMSA 1978.
For designation of magistrate before whom case is to be tried,
see
Rule 2-105 NMRA.
The 2007 amendment,
effective June 15, 2007, allowed a magistrate sitting by designation to collect fees and costs in a magistrate district in which he has been designated to sit.
The 1999 amendment,
effective July 1, 1999, substituted "designated for a specific period of time" for "designated to hear the action" in the first sentence of Subsection B.
The 1991 amendment,
effective June 14, 1991, in Subsection A, substituted the proviso at the end of the subsection for "unless the defendant requests trial by jury" and made a stylistic change; rewrote Subsection D which read "A magistrate has jurisdiction over the defendant wherever he resides or may be found within the state in any civil action when the complaint is to collect a debt for less than one thousand five hundred dollars ($1,500), exclusive of interest and costs, which arose in the magistrate district"; and added Subsection E.
The 1989 amendment,
effective June 16, 1989, added Subsection D.
Section is consistent with present constitutional and statutory provisions
regarding place of prosecution. 1979 Op. Att'y Gen. No. 79-12.
Venue provision does not violate New Mexico constitution.
— Article II, § 14 of the New Mexico constitution provides a constitutional right to venue, but does not provide an absolute right to venue, and therefore 35-3-6(A) NMSA 1978, which provides that where there is a violation of a law relating to motor vehicles, law enforcement may properly initiate a criminal action in a magistrate court when the crime that is alleged to occur arose in a neighboring magistrate district, does not conflict with N.M. Const., Art. II, § 14, because 35-3-6(A) NMSA 1978 provides that a defendant may affirmatively assert his constitutional privilege to move venue to the district where the cause of action arose but may also waive his or her right to change venue.
Magistrate Court Venue Involving Motor Vehicle Law Violations
(2/26/15), Att'y Gen. Adv. Ltr. 2015-01; Att'y Gen. Adv. Ltr. 2015-02.
Motor vehicle violations.
— This section simply extends or enlarges the territorial jurisdiction of the magistrate in criminal actions involving motor vehicle violations from the adjoining magistrate district without stating when or upon what conditions such extra-territorial jurisdiction may be exercised. 1979 Op. Att'y Gen. No. 79-12.
This section does not permit persons who have been cited for motor vehicle violations to be heard as a matter of right in a magistrate district other than where the offense occurred. 1979 Op. Att'y Gen. No. 79-12.
Marriage ceremony outside of district.
— A magistrate judge cannot perform a marriage ceremony outside of his district. 1988 Op. Att'y Gen. No. 88-36.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 47 Am. Jur. 2d Justices of the Peace § 19.
51 C.J.S. Justices of the Peace § 41.