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Form a Business

Magistrate Court; Fees and Costs

NMSA 1978 ch. 35, art. 6
in effect

NMSA 1978, § 35-6-1 Magistrate costs; schedule

35-6-1. Magistrate costs; schedule 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. 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.

NMSA 1978, § 35-6-2 Magistrate costs; posting of schedule

35-6-2. Magistrate costs; posting of schedule The administrative office of the courts shall furnish, and each magistrate shall keep posted at all times in a conspicuous place in his courtroom, a plain and legible: A. statement of costs required by law to be collected by magistrate courts; and B. a notice in letters at least two inches high reading as follows: "NOTICE TO PUBLIC -- The magistrate court is required to forthwith give official receipts itemizing all money paid to the court. Secure your receipt when payment is made." 1953 Comp., § 36-8-2, enacted by Laws 1968, ch. 62, § 93; 1991, ch. 82, § 8.

NMSA 1978, § 35-6-3 Magistrate costs; advance payment

35-6-3. Magistrate costs; advance payment Except for parties granted free process because of indigency, any party filing any civil action or requesting services from the magistrate court shall pay in advance the costs required by law to be collected by magistrates. 1953 Comp., § 36-8-3, enacted by Laws, 1968, ch. 62, § 94; 1969, ch. 198, § 2; 1977, ch. 164, § 2; 1991, ch. 82, § 9; 1995, ch. 176, § 2; 2023, ch. 184, § 13.

NMSA 1978, § 35-6-4 Magistrate costs; witness fees; reimbursement

35-6-4. Magistrate costs; witness fees; reimbursement If the plaintiff prevails in a civil action in the magistrate court, the amount of costs collected by the magistrate in the action shall be added to the judgment entered against the defendant. Fees actually paid by the prevailing party in a civil action in the magistrate court for service of the complaint and summons and for service of subpoenas shall be taxed against the losing party. Witness fees as provided by law for proceedings in the district courts shall be taxed against the losing party in the action, subject to the limitations of the Rules of Civil Procedure for the Magistrate Courts. 1953 Comp., § 36-8-4, enacted by Laws 1968, ch. 62, § 95; 1975, ch. 242, § 4; 1981, ch. 272, § 1; Laws 1983, ch. 134, § 3; 1988, ch. 121, § 3; 2023, ch. 184, § 14.

NMSA 1978, § 35-6-5 Magistrate court warrant enforcement fund; administration; use of money in fund

35-6-5. Magistrate court warrant enforcement fund; administration; use of money in fund A. There is created in the state treasury the "magistrate court warrant enforcement fund" to be administered by the administrative office of the courts. The fund consists of gifts, grants, donations, appropriations and distributions to the fund made pursuant to the Tax Administration Act [Chapter 7, Article 1 NMSA 1978]. B. All balances in the magistrate court warrant enforcement fund are appropriated to the administrative office of the courts for the primary purpose of employing personnel and promoting compliance with court orders. After satisfaction of the primary purpose, any money remaining in the fund may, to the extent deemed necessary by the director of the administrative office of the courts, be used for the secondary purpose of partially reimbursing law enforcement agencies for the expense of serving bench warrants issued by the magistrate courts, pursuant to an intergovernmental agreement entered into between the law enforcement agency and the administrative office of the courts. C. Payments from the magistrate court warrant enforcement fund shall be made upon warrants drawn by the secretary of finance and administration pursuant to vouchers issued and signed by the director of the administrative office of the courts. D. Any balance remaining in the magistrate court warrant enforcement fund at the end of a fiscal year shall not revert to the state general fund. 1978 Comp., § 35-6-5, enacted by Laws 1993, ch. 261, § 7; 2023, ch. 184, § 15.

NMSA 1978, § 35-6-6 Collection of fines, fees or costs

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. 1978 Comp., § 35-6-6, enacted by Laws 1993, ch. 261, § 8.

NMSA 1978, § 35-6-7 Magistrate court; drug court fee; monthly remittances

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. Laws 2003, ch. 240, § 3; 2021, ch. 95, § 3.

NMSA 1978, § 35-6-8 Magistrate court mediation fund created; administration; distribution

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. Laws 2003, ch. 407, § 1.

NMSA 1978, § 35-6-9 Magistrate costs; mediation fee

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. Laws 2003, ch. 407, § 2.

NMSA 1978, § 35-6-10 Magistrate court; electronic services fee

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. Laws 2009, ch. 112, § 6.
Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18535/index.doFetched: 10/20/2026

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