For AI agents: read the machine-readable documentation index at /llms.txt or the single-file full reference at /llms-full.txt.
Form a Business

Magistrate Court; Juries and Jurors

NMSA 1978 ch. 35, art. 8
in effect

NMSA 1978, § 35-8-1 Magistrate jury; right to trial by jury

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. 1953 Comp., § 36-10-1, enacted by Laws 1968, ch. 62, § 108; 1975, ch. 242, § 5; 2009, ch. 133, § 1.

NMSA 1978, § 35-8-2 Magistrate jury; demand

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. 1953 Comp., § 36-10-2, enacted by Laws 1968, ch. 62, § 109; 1973, ch. 29, § 1; 1975, ch. 242, § 6.

NMSA 1978, § 35-8-3 Magistrate jury; selecting and empaneling a jury

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. 1953 Comp., § 36-10-3, enacted by Laws 1974, ch. 37, § 1.

NMSA 1978, § 35-8-4 Magistrate jury; trial

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. 1953 Comp., § 36-10-4, enacted by Laws 1968, ch. 62, § 111; 1975, ch. 242, § 7.

NMSA 1978, § 35-8-5 Magistrate jury; discharge upon failure to agree

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. 1953 Comp., § 36-10-5, enacted by Laws 1968, ch. 62, § 112; 1975, ch. 242, § 8.

NMSA 1978, § 35-8-7 Magistrate civil jury fees

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." 1978 Comp., § 35-8-6, enacted by Laws 1991, ch. 82, § 13; 2017, ch. 61, § 1.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18535/index.doFetched: 10/20/2026

Starting a business in New Mexico? New Mexico LLC guide: costs and requirements