reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 6 - Magistrate Court; Fees and Costs › Section 35-6-6 - Collection of fines, fees or costs.

A judgment and sentence issued by a magistrate court that includes an assessment of fines, fees or costs shall constitute a money judgment that may be enforced in the same manner as a civil judgment in the district court. The money judgment may be assigned by the court to a public or private agency or business for collection purposes, pursuant to the terms and conditions of a written agreement entered into by the court and the agency or business.
History:
1978 Comp., § 35-6-6, enacted by Laws 1993, ch. 261, § 8.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 6 - Magistrate Court; Fees and Costs › Section 35-6-7 - Magistrate court; drug court fee; monthly remittances.

A magistrate court that has an adult drug court program 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. Proceeds from the drug court fee shall be deposited in the drug court fund of the judicial district established pursuant to Section 34-6-47 NMSA 1978.
History:
Laws 2003, ch. 240, § 3; 2021, ch. 95, § 3.
ANNOTATIONS
The 2021 amendment,
effective June 18, 2021, transferred duties of the administrative office of the courts to individual judicial districts; deleted subsection designation "A", and after "drug court fund", added "of the judicial district established pursuant to Section 34-6-47 NMSA 1978"; and deleted former Subsection B, which related to administering money in the drug court fund by the administrative office of the courts.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 6 - Magistrate Court; Fees and Costs › Section 35-6-8 - Magistrate court mediation fund created; administration; distribution.

A. The "magistrate court mediation fund" is created in the state treasury. The fund shall be administered by the administrative office of the courts.
B. All balances in the magistrate court mediation fund are subject to appropriation for payment to magistrate courts for the purpose of funding and administering voluntary mediation programs. The mediation programs shall be established by supreme court rule for the efficient disposition of civil complaints.
C. Payments from the magistrate court mediation fund shall be made upon vouchers signed by the director of the administrative office of the courts upon warrants drawn by the secretary of finance and administration.
D. Any balance remaining in the magistrate court mediation fund at the end of a fiscal year shall not revert to the general fund.
History:
Laws 2003, ch. 407, § 1.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 407, § 3 made Laws 2003, ch. 407, § 1 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 6 - Magistrate Court; Fees and Costs › Section 35-6-9 - Magistrate costs; mediation fee.

A. Magistrate judges shall collect as costs a mediation fee not to exceed five dollars ($5.00) for the docketing of civil actions, except as provided in Subsection A of Section 35-6-3 NMSA 1978.
B. The magistrate court shall pay to the administrative office of the courts the costs collected pursuant to this section in accordance with the procedures provided for in Section 35-7-4 NMSA 1978. The amount of costs collected shall be credited to the magistrate court mediation fund.
History:
Laws 2003, ch. 407, § 2.
ANNOTATIONS
Effective dates.
— Laws 2003, ch. 407, § 3 made Laws 2003, ch. 407, § 2 effective July 1, 2003.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 6 - Magistrate Court; Fees and Costs › Section 35-6-10 - Magistrate court; electronic services fee.

A magistrate 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, § 6.
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 35 - Magistrate and Municipal Courts › Article 7 - Magistrate Court; Magistrate Administration › Section 35-7-1 - Magistrate courts; supervision by the supreme court and the district court in the judicial district in which the court is located.

The magistrate courts shall operate under the direction and control of the supreme court and the district court of the judicial district in which the court is located. The district court shall provide administrative support to the magistrate courts, under the supervision of the supreme court.
History:
1978 Comp., § 35-7-1, enacted by Laws 1997, ch. 53, § 1; 2021, ch. 95, § 4.
ANNOTATIONS
Repeals and reenactments.
— Laws 1997, ch. 53, § 1 repealed 35-7-1 NMSA 1978, as enacted by Laws 1968, ch. 62, § 96, and enacted a new section, effective July 1, 1997.
Cross references.
— For administrative office of the courts,
see
34-9-1 to 34-9-10 NMSA 1978.
The 2021 amendment,
effective June 18, 2021, transferred duties of the administrative office of the courts to individual judicial districts; in the section heading, after "supreme court", added "and the district court in the judicial district in which the court is located"; in the first sentence, after "control of the supreme court", added "and the district court of the judicial district in which the court is located"; and in the second sentence, deleted "director of the administrative office of the courts" and added "district court".
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 7 - Magistrate Court; Magistrate Administration › Section 35-7-2 - Repealed.

ANNOTATIONS
Repeals.
— Laws 1997, ch. 53, § 2 repealed 35-7-2, as enacted by Laws 1968, ch. 62, § 97, relating to magistrate administration and suspension of certificate, effective July 1, 1997. For provisions of former section,
see
the 1996 NMSA 1978 on
NMOneSource.com
.
2023 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.
ANNOTATIONS
Repeals.
— 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.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 7 - Magistrate Court; Magistrate Administration › Section 35-7-4 - Magistrate administration; monthly remittances. (Effective July 1, 2024.)

Each magistrate court shall pay to the administrative office of the courts, not later than the date each month established by regulation of the director of the administrative office, the amount of all fines, forfeitures and costs collected by the court during the previous month, except for amounts disbursed in accordance with law. The administrative office shall return to each magistrate court a written receipt itemizing all money received. The administrative office shall deposit the amount of all fines and forfeitures with the state treasurer for credit to the current school fund. The administrative office shall deposit the amount of all costs assessed prior to July 1, 2024 and collected on or after July 1, 2024, except all costs collected pursuant to Subsection E of Section 35-6-1 NMSA 1978, for credit to the general fund. The amount of all costs collected pursuant to Subsection E of Section 35-6-1 NMSA 1978 shall be credited to the metropolitan court mediation fund.
History:
1953 Comp., § 36-9-4, enacted by Laws 1968, ch. 62, § 99; 1979, ch. 160, § 2; 1983, ch. 134, § 4; 1986, ch. 16, § 3; 1990, ch. 57, § 5; 1991, ch. 82, § 11; 1993, ch. 273, § 4; 2009, ch. 245, § 3; 2023, ch. 184, § 16.
ANNOTATIONS
The 2023 amendment,
effective July 1, 2024, eliminated court fees; in the introductory paragraph, added "assessed prior to July 1, 2024 and collected on or after July 1, 2024", and after each occurrence of "collected pursuant to" deleted "Subsections D and" and added "Subsection"; deleted former Subsections A through G; deleted former subsection designation "H."; and, from former Subsection H, deleted "the amount of all costs collected pursuant to Subsection E of Section 35-6-1 NMSA 1978 for credit".
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 7 - Magistrate Court; Magistrate Administration › Section 35-7-8 - Repealed.

ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
The 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".
2023 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.
ANNOTATIONS
The 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".
2023 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.
ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Repeals.
— 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
.
2023 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.
ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Repeals.
— 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.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 8 - Magistrate Court; Juries and Jurors › Section 35-8-6 - Repealed.

ANNOTATIONS
Repeals.
— 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.
2023 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.
ANNOTATIONS
Compiler'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).
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 9 - Magistrate Court; Attachment › Section 35-9-2 - Attachment; execution.

A. The attachment shall order the sheriff or a full-time, salaried deputy sheriff to attach personal property of the defendant within the magistrate district having a value sufficient to satisfy the amount claimed in the complaint in the action, safely to keep the property to satisfy any judgment that might be recovered in the action and to make return of the attachment to the magistrate at the time specified therein not less than five days nor more than fifteen days from the date of issuance.
B. The sheriff or deputy shall comply with the order and:
(1) immediately make an inventory of the property seized; and
(2) serve on the defendant personally, or, if the defendant cannot be found, leave at the defendant's residence, or if the defendant has no residence, leave with the person in whose possession the property is found, the civil complaint and summons and form for answer to civil complaint, along with a copy of the attachment and his inventory.
C. No property attached by the sheriff or deputy shall be removed by him if the person in possession of, or claiming, the property gives him a bond to the plaintiff in double the sum claimed in the complaint in the action, or in double the value of the property attached, whichever is less, conditioned that such property will be produced to satisfy any execution that might be issued upon any judgment which might be obtained by the plaintiff in the action.
History:
1953 Comp., § 36-11-2, enacted by Laws 1968, ch. 62, § 115.
ANNOTATIONS
Cross references.
— For applicability of personal property exemptions under 42-10-1 to 42-10-7 NMSA 1978,
see
35-4-2 NMSA 1978.
For exemption of retirement funds and benefits for public officers and employees,
see
10-11-135 NMSA 1978.
For exemption of welfare benefits,
see
27-2-21 NMSA 1978.
For exemption of interest and benefits of state police pension fund,
see
29-4-10 NMSA 1978.
For executions not to go against lands,
see
39-4-2 NMSA 1978.
For exemption of unemployment compensation benefits,
see
51-1-37 NMSA 1978.
For exemption of workers' compensation benefits,
see
52-1-52 NMSA 1978.
For exemption of occupational disease benefits,
see
52-3-37 NMSA 1978.
For exemption of minimum membership holdings in cooperative associations,
see
53-4-28 NMSA 1978.
For exemption of assets of insurance companies undergoing delinquency proceedings,
see
59A-41-23 NMSA 1978.
For exemption of fraternal benefit societies payments,
see
59A-44-18 NMSA 1978.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 6 Am. Jur. 2d Attachment and Garnishment §§ 288 to 329.
Inclusion or exclusion of first and last days in computing the time for performance of an act or event which must take place a certain number of days before a known future date, 98 A.L.R.2d 1331.
7 C.J.S. Attachment § 170 et seq. 51 C.J.S. Justices of the Peace § 77 (6), (7).
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 9 - Magistrate Court; Attachment › Section 35-9-3 - Attachment; hearing; judgment.

A. If the defendant was personally served as provided in Section 35-9-2B NMSA 1978, or if he appears as provided in the civil summons, the magistrate shall proceed to hear and determine the action on its merits as in other civil actions.
B. If the defendant was not personally served as provided in Section 35-9-2B NMSA 1978, but his personal property was seized under the attachment and he does not appear as provided in the summons, the magistrate shall order the sheriff to notify the defendant by newspaper publication or by posting in at least three of the most public places in the county that his property has been attached and that, unless he appears before the magistrate at a time and place mentioned in the notice, not less than twenty days or more than ninety days from the date of the notice, judgment will be rendered against him and his property sold to pay the debt. If the defendant appears when notified as provided in this subsection, the magistrate shall proceed to hear and determine the action on its merits as in other civil actions. If the defendant fails to appear when notified as provided in this subsection, the magistrate shall enter a default judgment against him in the action.
History:
1953 Comp., § 36-11-3, enacted by Laws 1968, ch. 62, § 116.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— What constitutes "appearance" under Rule 55 (b)(2) of Federal Rules of Civil Procedure, providing that if party against whom default judgment is sought has "appeared" in action, that party must be served with notice of application for judgment, 139 A.L.R. Fed. 603.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 9 - Magistrate Court; Attachment › Section 35-9-4 - Attachment; dissolution.

A. An attachment may be dissolved at any time before final judgment if the defendant appears and pleads to the action and posts bond to the plaintiff in double the sum claimed in the complaint, or double the value of the property attached, whichever is less, with sufficient sureties, conditioned that the property will be available to satisfy any judgment which might be entered against him in the action.
B. When an attachment is dissolved, all proceedings touching the property attached are vacated, and the action shall proceed as if the attachment had not been issued.
History:
1953 Comp., § 36-11-4, enacted by Laws 1968, ch. 62, § 117.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 6 Am. Jur. 2d Attachment and Garnishment §§ 523 to 557.
7 C.J.S. Attachment § 247 et seq. 51 C.J.S. Justices of the Peace § 77 (15), (16).
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 9 - Magistrate Court; Attachment › Section 35-9-5 - Attachment; suit on bond.

The bond given by the plaintiff or other person in an attachment action in the magistrate court may be sued upon in the name of the state by any party injured, and shall proceed as in other civil actions.
History:
1953 Comp., § 36-11-5, enacted by Laws 1968, ch. 62, § 118.
ANNOTATIONS
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 6 Am. Jur. 2d Attachment and Garnishment §§ 546 to 549.
Recovery of value of use of property wrongfully attached, 45 A.L.R.2d 1221.
Right to recover attorney's fees for wrongful attachment, 65 A.L.R.2d 1426.
51 C.J.S. Justices of the Peace § 77 (19), (20).
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 9 - Magistrate Court; Attachment › Section 35-9-6 - Attachment; special provisions.

All laws and procedures governing magistrate courts apply to attachment actions in the magistrate court except as otherwise provided by law.
History:
1953 Comp., § 36-11-6, enacted by Laws 1968, ch. 62, § 119.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 9 - Magistrate Court; Attachment › Section 35-9-7 - Attachment; form of bond.

Attachment bonds in civil actions in the magistrate court shall be in substantially the following form:
"STATE OF NEW MEXICO
____________ MAGISTRATE DISTRICT, DIVISION _______
(Name), Plaintiff
)
)
v.
)
CIVIL DOCKET NO. ________
(Name), Defendant
)
)
ATTACHMENT BOND
We bind ourselves, our heirs, executors and administrators to the state of New Mexico in the sum of _________ ($ _____) on condition that the plaintiff will diligently prosecute this action to final judgment without delay, will pay to the defendant all money found due to him in the action, and will pay all damages that may accrue to the defendant by reason of the attachment, upon completion of which this obligation is void.
______________________________
Plaintiff (Principal)
______________________________
Surety
______________________________
Surety
Approved _____________, 19 ___
__________________________________
Magistrate"
History:
1953 Comp., § 36-11-7, enacted by Laws 1968, ch. 62, § 120.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 9 - Magistrate Court; Attachment › Section 35-9-8 - Attachment; form of writ.

Writs of attachment in civil actions in the magistrate court shall be in substantially the following form:
"STATE OF NEW MEXICO
____________ MAGISTRATE DISTRICT, DIVISION _______
(Name), Plaintiff
)
)
v.
)
CIVIL DOCKET NO. ________
(Name), Defendant
)
)
WRIT OF ATTACHMENT
THE STATE OF NEW MEXICO
TO: The sheriff or a full-time, salaried deputy sheriff:
You are ordered to attach personal property of the defendant in this action having a value sufficient to satisfy the sum of _______ ($ _____), with interest and costs, wherever the same may be found in the county, safely to keep the property to satisfy any judgment that might be recovered by the plaintiff in this action, and to make return of this writ to me on ________, 19 ___, presenting with your return a copy of your inventory of property attached.
Dated _________, 19 ___
________________________________
Magistrate"
History:
1953 Comp., § 36-11-8, enacted by Laws 1968, ch. 62, § 121.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 10 - Magistrate Court; Forcible Entry or Unlawful Detainer › Section 35-10-2 - Limitation of remedy.

The provisions of Sections 35-10-1 through 35-10-6 NMSA 1978 shall not apply to actions by a landlord arising out of a residential tenancy governed by the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-52 NMSA 1978].
History:
1953 Comp., § 36-12-1.1, enacted by Laws 1975, ch. 38, § 53.
ANNOTATIONS
Cross references.
— For provision of Uniform Owner-Resident Relations Act on forcible entry and detainer,
see
47-8-49 NMSA 1978.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 10 - Magistrate Court; Forcible Entry or Unlawful Detainer › Section 35-10-4 - Forcible entry or detainer; judgment.

A. If the defendant is found guilty in a civil action for forcible entry or unlawful detainer, judgment shall be entered against him:
(1) for damages; and
(2) that he be removed from the premises and the plaintiff be put in possession.
B. Execution shall include an order that the sheriff or a full-time, salaried deputy sheriff remove the defendant from the premises.
History:
1953 Comp., § 36-12-3, enacted by Laws 1968, ch. 62, § 124.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-12-3, 1953 Comp., relating to form of dockets in criminal cases, effective January 1, 1969.
Cross references.
— For applicability of personal property exemptions under 42-10-1 NMSA 1978,
see
35-4-2 NMSA 1978.
For exemptions and procedure for claiming in magistrate courts,
see
Rule 2-803 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 35 Am. Jur. 2d Forcible Entry and Detainer §§ 47 to 49.
36A C.J.S. Forcible Entry and Detainer §§ 68 to 75.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 10 - Magistrate Court; Forcible Entry or Unlawful Detainer › Section 35-10-5 - Forcible entry or detainer; damages on appeal.

A. If the plaintiff recovers judgment in an action for forcible entry or unlawful detainer upon appeal:
(1) to the district court, the damages assessed shall be the actual value of the rent due until entry of judgment by the magistrate court and double the value of all rent accrued thereafter until entry of judgment in the district court; and
(2) to the supreme court or court of appeals, further damages at double the value of all rent accrued from the entry of judgment in the district court until delivery of possession to him.
B. The supersedeas bond required under Section 39-3-22 NMSA 1978, shall contain a condition requiring the defendant appealing or taking a writ of error to the supreme court or court of appeals to pay all damages prescribed in this section if the judgment of the district court is affirmed by the supreme court or court of appeals, and the amount of the bond shall be sufficient to cover all such damages. The bond operates as a supersedeas to the order of removal as well as to execution for damages and costs. Upon final disposition of the appeal from the district court in his favor, the plaintiff may sue on the supersedeas bond to recover the damages.
History:
1953 Comp., § 36-12-4, enacted by Laws 1968, ch. 62, § 125.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-12-4, 1953 Comp., relating to suspension of sentence in criminal cases, effective January 1, 1969.
Cross references.
— For amendments on trial de novo in district court,
see
35-13-3 NMSA 1978.
Law reviews.
— For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M. L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 35 Am. Jur. 2d Forcible Entry and Detainer §§ 50, 51, 56.
36A C.J.S. Forcible Entry and Detainer §§ 58 to 61, 87 to 95.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 10 - Magistrate Court; Forcible Entry or Unlawful Detainer › Section 35-10-6 - Forcible entry or detainer; form of execution.

Executions in civil actions for forcible entry or detainer in the magistrate court shall be in substantially the following form:
"STATE OF NEW MEXICO
____________ MAGISTRATE DISTRICT, DIVISION _______
(Name), Plaintiff
)
)
v.
)
CIVIL DOCKET NO. ________
(Name), Defendant
)
)
EXECUTION IN FORCIBLE ENTRY OR DETAINER
THE STATE OF NEW MEXICO
To: The sheriff or a full-time, salaried deputy sheriff:
Judgment having been entered for the plaintiff in this action, you are ordered to cause the defendant forthwith to be removed from the premises at: (describe premises as in the judgment) ____________ the plaintiff to have possession thereof, and that you levy against the personal property of the defendant, wherever the same may be found in the county, the sum of ___________ ($ ______) and your fees hereon, and that you return this writ to me within twenty days.
Dated _________, 19 ___
________________________________
Magistrate"
History:
1953 Comp., § 36-12-5, enacted by Laws 1968, ch. 62, § 126.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-12-5, 1953 Comp., relating to criminal dockets, effective January 1, 1969.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 11 - Magistrate Court; Replevin › Section 35-11-1 - Replevin; grounds.

Whenever any personal property is wrongfully taken or detained, the person having a right to immediate possession may bring a civil action of replevin for recovery of the property and for damages sustained from the wrongful taking or detention. However, in replevin actions, magistrate courts shall not issue any writs of replevin or any other orders providing for a seizure of property before judgment.
History:
1953 Comp., § 36-13-1, enacted by Laws 1968, ch. 62, § 127; 1975, ch. 249, § 8.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-13-1, 1953 Comp., relating to forms in criminal cases, effective January 1, 1969.
Cross references.
— For jurisdictional amount of magistrate court,
see
35-3-3 NMSA 1978.
For replevin bond where animals trespassing in irrigation district,
see
77-14-14 NMSA 1978.
Former versions unconstitutional.
— Former versions of New Mexico replevin statutes, insofar as they provided for a prejudgment taking of property without notice and hearing, were unconstitutional as a violation of the constitutional prohibition of taking property without due process of law.
Montoya v. Blackhurst
, 1972-NMSC-058, 84 N.M. 91, 500 P.2d 176.
Am. Jur. 2d, A.L.R. and C.J.S. references.
— 66 Am. Jur. 2d Replevin §§ 61 to 66.
Sufficiency of proof in replevin of defendant's possession at time of commencement of action, 2 A.L.R.2d 1043.
Right of action for conversion as affected by assertion of rights or pursuit of remedies founded on continued ownership of the property, 3 A.L.R.2d 218.
Revocation of license to cut and remove timber as affecting rights in respect of timber cut but not removed, 26 A.L.R.2d 1194.
Availability of replevin or similar possessory action to one not claiming as heir, legatee or creditor of decedent's estate, against personal representative, 42 A.L.R.2d 418.
County that may bring replevin or similar possessory action, 60 A.L.R.2d 487.
Recovery of fees as damages by successful litigant in replevin or detinue action, 60 A.L.R.2d 945.
Maintenance of replevin or similar possessory remedy by cotenant, or security transaction creditor thereof, against other cotenants, 93 A.L.R.2d 358.
Recovery of value of property in replevin or similar possessory action where defendant, at time action is brought, is no longer in possession of property, 97 A.L.R.2d 896.
Modern views as to validity, under Federal Constitution, of state prejudgment attachment, garnishment and replevin procedures, distraint procedures under landlords' or innkeepers' lien statutes, and like procedures authorizing summary seizure of property, 18 A.L.R. Fed. 223, 29 A.L.R. Fed. 418.
77 C.J.S. Replevin § 1 et seq.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 11 - Magistrate Court; Replevin › Section 35-11-2 - Replevin; special provisions.

All laws and procedures governing magistrate courts apply to actions of replevin in the magistrate court except as otherwise provided by law.
History:
1953 Comp., § 36-13-4, enacted by Laws 1968, ch. 62, § 130.
ANNOTATIONS
Repeals.
— Laws 1968, ch. 62, § 171, repealed former 36-13-4, 1953 Comp., relating to distribution of forms for criminal cases, effective January 1, 1969.
2023 New Mexico Statutes › Chapter 35 - Magistrate and Municipal Courts › Article 11 - Magistrate Court; Replevin › Section 35-11-3 - Judgment.

In any replevin action in the magistrate court, judgment may be entered for the plaintiff granting the plaintiff the property, or its fair market value in case a delivery cannot be made, and damages for the wrongful taking or detention of the property by the defendant.
History:
1953 Comp., § 36-13-7, enacted by Laws 1975, ch. 249, § 9.
ANNOTATIONS
Cross references.
— For Rules of Civil Procedure for the Magistrate Courts,
see
Rule 2-101 NMRA et seq.