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District Courts

NMSA 1978 ch. 34, art. 6
in effect

NMSA 1978, § 34-6-1 Judicial districts

34-6-1. Judicial districts The state shall be divided into judicial districts as follows: A. first judicial district, the counties of Santa Fe, Rio Arriba and Los Alamos; B. second judicial district, the county of Bernalillo; C. third judicial district, the county of Dona Ana; D. fourth judicial district, the counties of Guadalupe, San Miguel and Mora; E. fifth judicial district, the counties of Eddy, Chaves and Lea; F. sixth judicial district, the counties of Grant, Luna and Hidalgo; G. seventh judicial district, the counties of Socorro, Torrance, Sierra and Catron; H. eighth judicial district, the counties of Taos, Colfax and Union; I. ninth judicial district, the counties of Curry and Roosevelt; J. tenth judicial district, the counties of Quay, DeBaca and Harding; K. eleventh judicial district, the counties of McKinley and San Juan; L. twelfth judicial district, the counties of Otero and Lincoln; and M. thirteenth judicial district, the counties of Cibola, Sandoval and Valencia. Laws 1941, ch. 75, § 1; 1941 Comp., § 16-301; Laws 1951, ch. 177, § 1 (1); 1953 Comp., § 16-3-1; Laws 1961, ch. 188, § 1; 1971, ch. 52, § 1; 1992, ch. 70, § 1.

NMSA 1978, § 34-6-2 District court terms

34-6-2. District court terms The district court shall always be in session. At least two regular terms for each county within a judicial district shall be established by court rule. When for any reason a district judge is prevented from attending a regular term of the district court on the first day, he may, at any time during that term, enter an order fixing another return day for all process, bonds and recognizances returnable at that term. The order fixing the return day shall be filed with the district court clerk, who shall post a copy at the courthouse for at least ten days before the return day. Juries shall be empanelled [empaneled], cases shall be set and tried and all other business of the district court shall be conducted in any county at any time as directed by the district judge. 1953 Comp., § 16-3-2, enacted by Laws 1968, ch. 69, § 5.

NMSA 1978, § 34-6-4 Judges; first judicial district

34-6-4. Judges; first judicial district There shall be eleven district judges in the first judicial district. 1953 Comp., § 16-3-3.1, enacted by Laws 1968, ch. 69, § 7; 1969, ch. 229, § 1; 1976 (S.S.), ch. 39, § 1; 1980, ch. 141, § 1; 1981, ch. 330, § 1; 1987, ch. 148, § 1; 1997, ch. 180, § 1; 2010, ch. 3, § 1; 2014, ch. 73, § 1; 2020, ch. 40, § 1; 2026, ch. 25, § 1.

NMSA 1978, § 34-6-5 Judges; second judicial district

34-6-5. Judges; second judicial district There shall be thirty-one district judges in the second judicial district. 1953 Comp., § 16-3-3.2, enacted by Laws 1968, ch. 69, § 8; 1969, ch. 228, § 1; 1973, ch. 301, § 1; 1977, ch. 310, § 1; 1978, ch. 23, § 1; 1980, ch. 143, § 1; 1984, ch. 111, § 1; 1993, ch. 256, § 1; 1995, ch. 66, § 1; 1997, ch. 180, § 2; 2005, ch. 284, § 1; 2007, ch. 140, § 1; 2014, ch. 73, § 2; 2020, ch. 40, § 2; 2022, ch. 56, § 33; 2026, ch. 25, § 2.

NMSA 1978, § 34-6-6 Judges; third judicial district

34-6-6. Judges; third judicial district There shall be nine district judges in the third judicial district. 1953 Comp., § 16-3-3.3, enacted by Laws 1968, ch. 69, § 9; 1981, ch. 329, § 1; 1984, ch. 111, § 2; 1992, ch. 72, § 1; 1995, ch. 178, § 1; 2003, ch. 348, § 1; 2006, ch. 99, § 1; 2020, ch. 40, § 3.

NMSA 1978, § 34-6-7 Judges; fourth judicial district

34-6-7. Judges; fourth judicial district There shall be three district judges in the fourth judicial district. 1953 Comp., § 16-3-3.4, enacted by Laws 1968, ch. 69, § 10; 1978, ch. 24, § 1; 2007, ch. 140, § 2.

NMSA 1978, § 34-6-8 Judges; fifth judicial district

34-6-8. Judges; fifth judicial district There shall be twelve district judges in the fifth judicial district. 1953 Comp., § 16-3-3.5, enacted by Laws 1968, ch. 69, § 11; 1973, ch. 301, § 2; 1976, ch. 52, § 1; 1979, ch. 208, § 1; 1984, ch. 111, § 3; 1994, ch. 65, § 1; 1994, ch. 77, § 1; 2006, ch. 99, § 2; 2014, ch. 73, § 3; 2022, ch. 56, § 34.

NMSA 1978, § 34-6-9 Judges; sixth judicial district

34-6-9. Judges; sixth judicial district There shall be four district judges in the sixth judicial district. 1953 Comp., § 16-3-3.6, enacted by Laws 1968, ch. 69, § 12; 1974, ch. 77, § 1; 1983, ch. 129, § 1; 2003, ch. 348, § 2; 2007, ch. 140, § 3; 2020, ch. 40, § 4.

NMSA 1978, § 34-6-10 Judges; seventh judicial district

34-6-10. Judges; seventh judicial district There shall be three district judges in the seventh judicial district. 1953 Comp., § 16-3-3.7, enacted by Laws 1968, ch. 69, § 13; 1977, ch. 132, § 1; 1995, ch. 178, § 2.

NMSA 1978, § 34-6-11 Judges; eighth judicial district

34-6-11. Judges; eighth judicial district There shall be three district judges in the eighth judicial district. 1953 Comp., § 16-3-3.8, enacted by Laws 1968, ch. 69, § 14; 1978, ch. 23, § 2; 1996, ch. 23, § 1; 2011, ch. 41, § 1; 2020, ch. 40, § 5.

NMSA 1978, § 34-6-12 Judges; ninth judicial district

34-6-12. Judges; ninth judicial district There shall be five district judges in the ninth judicial district. 1953 Comp., § 16-3-3.9, enacted by Laws 1968, ch. 69, § 15; 1974, ch. 77, § 2; 1984, ch. 111, § 4; 1985, ch. 138, § 1; 2005, ch. 284, § 2; 2006, ch. 99, § 3; 2011, ch. 20, § 1; 2020, ch. 40, § 6.

NMSA 1978, § 34-6-13 Judges; tenth judicial district

34-6-13. Judges; tenth judicial district There shall be one district judge in the tenth judicial district. 1953 Comp., § 16-3-3.10, enacted by Laws 1968, ch. 69, § 16.

NMSA 1978, § 34-6-14 Judges; eleventh judicial district

34-6-14. Judges; eleventh judicial district There shall be eight district judges in the eleventh judicial district. 1953 Comp., § 16-3-3.11, enacted by Laws 1968, ch. 69, § 17; 1974, ch. 77, § 3; 1984, ch. 111, § 5; 1995, ch. 178, § 3; 1995, ch. 179, § 1; 2006, ch. 99, § 4; 2020, ch. 40, § 7.

NMSA 1978, § 34-6-15 Judges; twelfth judicial district

34-6-15. Judges; twelfth judicial district There shall be five district judges in the twelfth judicial district. 1953 Comp., § 16-3-3.12, enacted by Laws 1971, ch. 52, § 2; 1974, ch. 77, § 4; 1984, ch. 111, § 6; 1993, ch. 274, § 1; 2020, ch. 40, § 8.

NMSA 1978, § 34-6-16 Judges; thirteenth judicial district

34-6-16. Judges; thirteenth judicial district There shall be nine district judges in the thirteenth judicial district. 1953 Comp., § 16-3-3.13, enacted by Laws 1971, ch. 52, § 3; 1974, ch. 77, § 5; 1979, ch. 302, § 1; 1985, ch. 212, § 1; 1992, ch. 70, § 2; 2003, ch. 254, § 1; 2006, ch. 99, § 5; 2014, ch. 73, § 4; 2020, ch. 40, § 9; 2022, ch. 56, § 35.

NMSA 1978, § 34-6-17 Judges; principal offices

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. 1953 Comp., § 16-3-4, enacted by Laws 1968, ch. 69, § 18.

NMSA 1978, § 34-6-18 Judges; multiple-judge districts; divisions; presiding judges

34-6-18. Judges; multiple-judge districts; divisions; presiding judges In judicial districts having more than one district judge: A. the separate judicial positions shall be designated by divisions numbered consecutively from one through the total number of judges authorized for the district. Any additional judge authorized within a judicial district shall be designated as judge of the next consecutive division. In all appointments, nominations and elections of district judges, the particular judicial offices shall be identified by the division number; B. there shall be no separation of the work of the district court clerk's office except for identification of each district judge by division. All judges of a judicial district have equal judicial authority, rank and precedence; and C. unless otherwise designated by rule of the district court, the judge of division one shall be the presiding judge of the district. 1953 Comp., § 16-3-5, enacted by Laws 1968, ch. 69, § 19.

NMSA 1978, § 34-6-19 Personnel; designation

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. 1953 Comp., § 16-3-6, enacted by Laws 1968, ch. 69, § 20.

NMSA 1978, § 34-6-20 Personnel; official court reporters; secretaries

34-6-20. Personnel; official court reporters; secretaries A. Each district judge shall select an official court reporter to record the proceedings of his court as required. All notes, records and evidence taken by the reporter shall be deposited with the district court clerk of the county in which the proceeding is docketed. B. Each full-time official court reporter of the district court shall receive a salary fixed by the district court, exclusive of transcript fees, for court reporting, secretarial and other duties performed for the district court. Official court reporters employed on a part-time basis by the district court may be paid at a rate fixed by the district court not to exceed standard rates for such service in the area for all services required of them, exclusive of transcript fees. C. Official court reporters shall, upon request, furnish typewritten transcripts of testimony and proceedings recorded by them in any cause at a maximum charge of one dollar sixty-five cents ($1.65) a page for an original with three copies. A page of transcription consists of not less than twenty-five typewritten lines on a good grade of paper, eight and one-half inches by thirteen inches in size, prepared for binding at the top and having margins of not more than one and three-fourths inches at the left and one-half inch at the right. Type shall be pica size with ten letters to the inch. The supreme court may provide by rule for decreases in the maximum charge when transcripts are not furnished within time limits prescribed by the supreme court. In any matter in which the district court has granted free process to the party requesting a transcript, payment of the charges shall be made from funds appropriated to the district court. 1953 Comp., § 16-3-7, enacted by Laws 1968, ch. 69, § 21; 1969, ch. 45, § 1.

NMSA 1978, § 34-6-21 Personnel; state employees

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. 1953 Comp., § 16-3-8, enacted by Laws 1968, ch. 69, § 22.

NMSA 1978, § 34-6-22 Personnel; oaths and bonds

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. 1953 Comp., § 16-3-9, enacted by Laws 1968, ch. 69, § 23.

NMSA 1978, § 34-6-23 Personnel; travel expenses

34-6-23. Personnel; travel expenses District judges and district court employees shall be allowed per diem and shall be reimbursed for their necessary travel expenses incurred while absent from their principal offices upon official business, at the same rates and under the same conditions as prescribe by law or regulation of the state board of finance for other employees of the state. These expenses shall be paid from the funds of the district court of the judicial district for which the business is transacted. 1953 Comp., § 16-3-10, enacted by Laws 1968, ch. 69, § 24.

NMSA 1978, § 34-6-24 Operation; location of court; facilities

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. 1953 Comp., § 16-3-11, enacted by Laws 1968, ch. 69, § 25; 1988, ch. 101, § 45.

NMSA 1978, § 34-6-25 Operation; seal

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. 1953 Comp., § 16-3-12, enacted by Laws 1968, ch. 69, § 26.

NMSA 1978, § 34-6-26 Operation; record; authentication

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. 1953 Comp., § 16-3-13, enacted by Laws 1968, ch. 69, § 27.

NMSA 1978, § 34-6-27 Operation; process

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. 1953 Comp., § 16-3-14, enacted by Laws 1968, ch. 69, § 28.

NMSA 1978, § 34-6-28 Operation; rules

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. 1953 Comp., § 16-3-15, enacted by Laws 1968, ch. 69, § 29.

NMSA 1978, § 34-6-29 Operation; filing and service

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. 1953 Comp., § 16-3-16, enacted by Laws 1968, ch. 69, § 30.

NMSA 1978, § 34-6-30 Operation; notation of filing

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. 1953 Comp., § 16-3-17, enacted by Laws 1968, ch. 69, § 31.

NMSA 1978, § 34-6-31 Operation; nunc pro tunc entries

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. 1953 Comp., § 16-3-18, enacted by Laws 1968, ch. 69, § 32.

NMSA 1978, § 34-6-32 Operation; return of filed papers

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. 1953 Comp., § 16-3-19, enacted by Laws 1968, ch. 69, § 33.

NMSA 1978, § 34-6-33 Operation; dockets and records

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. 1953 Comp., § 16-3-20, enacted by Laws 1968, ch. 69, § 34; 1972, ch. 97, § 47; 1975, ch. 257, § 8-101.

NMSA 1978, § 34-6-34 Finance; statutory construction

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. 1953 Comp., § 16-3-22, enacted by Laws 1968, ch. 69, § 36.

NMSA 1978, § 34-6-35 Finance; payment of expenses

34-6-35. Finance; payment of expenses A. All money for the operation and maintenance of the district courts, including the children's and family court divisions, shall be paid by the state treasurer upon warrants of the secretary of finance and administration, supported by vouchers of the district judges and in accordance with budgets approved by the administrative office of the courts and the state budget division of the department of finance and administration. In judicial districts having more than one district judge, vouchers shall be approved by the presiding judge of the district or his authorized representative. B. The district judge may authorize the establishment of a checking account, designated as the "District court special operations account," in a federally insured bank. In accordance with budgeting requirements, warrants of the secretary of finance and administration may be deposited to the district court special operations account, and checks on the account may be written by the district judge or his authorized representative for payment of: (1) jury fees and expenses; (2) witness fees and expenses; and (3) petty cash expenses. 1953 Comp., § 16-3-23, enacted by Laws 1968, ch. 69, § 37; 1972, ch. 97, § 48; 1977, ch. 247, § 146.

NMSA 1978, § 34-6-36 Finance; disposition of litigant money; court clerk trust account

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. 1953 Comp., § 16-3-24, enacted by Laws 1968, ch. 69, § 38.

NMSA 1978, § 34-6-37 Finance; disposition of court income; state treasurer account

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. 1953 Comp., § 16-3-25, enacted by Laws 1968, ch. 69, § 39.

NMSA 1978, § 34-6-38 Finance; disposition of unclaimed money

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]. 1953 Comp., § 16-3-26, enacted by Laws 1968, ch. 69, § 40.

NMSA 1978, § 34-6-39 Finance; improper disposition of money; penalty

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. 1953 Comp., § 16-3-27, enacted by Laws 1968, ch. 69, § 41.

NMSA 1978, § 34-6-40 Finance; fees

34-6-40. Finance; fees A. Except as provided in Subsection B of this section, district court clerks shall collect in civil matters docketing any cause, whether original or reopened or by appeal or transfer from any inferior court, a fee of one hundred seventeen dollars ($117), twenty dollars ($20.00) of which shall be deposited in the court automation fund and twenty-five dollars ($25.00) of which shall be deposited in the civil legal services fund. B. In those matters where the fee provided for in Section 40-12-6 NMSA 1978 is collected, district court clerks shall collect a fee of one hundred seven dollars ($107), ten dollars ($10.00) of which shall be deposited in the court automation fund and twenty-five dollars ($25.00) of which shall be deposited in the civil legal services fund. C. No fees or costs shall be taxed against the state, its political subdivisions or the nonprofit corporations authorized to be formed under the Educational Assistance Act [Chapter 21, Article 21A NMSA 1978]. D. Except as otherwise specifically provided by law, docket fees shall be paid into the general fund. 1953 Comp., § 16-3-28, enacted by Laws 1968, ch. 69, § 42; 1969, ch. 193, § 3; 1980, ch. 137, § 1; 1981, ch. 320, § 1; 1982, ch. 7, § 5; 1984, ch. 120, § 6; 1987, ch. 123, § 1; 1989, ch. 90, § 1; 1992, ch. 111, § 20; 1996, ch. 41, § 3; 2001, ch. 277, § 1; 2001, ch. 279, § 1; 2009, ch. 245, § 1.

NMSA 1978, § 34-6-40.1 Civil action by state; filing fee assessed as costs

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. Laws 1981, ch. 307, § 1; 1989, ch. 90, § 2.

NMSA 1978, § 34-6-41 Finance; jury refreshments, meals and rooms

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. 1953 Comp., § 16-3-29, enacted by Laws 1968, ch. 69, § 43; 1989, ch. 116, § 1.

NMSA 1978, § 34-6-42 Finance; federal functions

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. 1953 Comp., § 16-3-30, enacted by Laws 1968, ch. 69, § 44.

NMSA 1978, § 34-6-43 Finance; statutory fees exclusive

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. 1953 Comp., § 16-3-31, enacted by Laws 1968, ch. 69, § 45.

NMSA 1978, § 34-6-44 District court alternative dispute resolution fund; administration

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. Laws 1986, ch. 26, § 1; 1989, ch. 324, § 27; 1994, ch. 37, § 1.

NMSA 1978, § 34-6-45 District courts; alternative dispute resolution; fee

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. Laws 1986, ch. 26, § 2; 1990, ch. 56, § 1; 1994, ch. 37, § 2; 2017, ch. 39, § 1.

NMSA 1978, § 34-6-46 District court; indigency standard; fee schedule; reimbursement

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. 1978 Comp., § 34-6-46, enacted by Laws 1987, ch. 20, § 3.

NMSA 1978, § 34-6-47 Drug court fees; fund created

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. Laws 2003, ch. 240, § 1.

NMSA 1978, § 34-6-48 District court; electronic services fee

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. Laws 2009, ch. 112, § 4.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18534/index.doFetched: 10/20/2026

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