Magistrate Court; Jurisdiction

NMSA 1978 ch. 35, art. 3

in effect

NMSA 1978, § 35-3-1 Jurisdiction; administration of oaths

35-3-1. Jurisdiction; administration of oaths Magistrates may administer oaths and affirmations and take acknowledgments of instruments in writing, but shall charge no fee therefor. Magistrates may acquire appropriate seals for this purpose. 1953 Comp., § 36-3-1, enacted by Laws 1968, ch. 62, § 46.

NMSA 1978, § 35-3-2 Authority; marriages

35-3-2. Authority; marriages Magistrates may solemnize the contract of matrimony throughout the state but shall charge no fee for it. 1953 Comp., § 36-3-2, enacted by Laws 1968, ch. 62, § 47; 1989, ch. 160, § 1.

NMSA 1978, § 35-3-3 Jurisdiction; civil actions

35-3-3. Jurisdiction; civil actions A. Magistrates have jurisdiction in civil actions in which the debt or sum claimed does not exceed ten thousand dollars ($10,000), exclusive of interest and costs. B. Except as provided in Subsection C of this section, civil jurisdiction extends to actions in contract, quasi-contract and tort and where expressly conferred by law. C. A magistrate has no jurisdiction in a civil action: (1) for malicious prosecution, libel or slander; (2) against public officers for misconduct in office; (3) for specific performance of contracts for the sale of real property; (4) in which the title or boundaries of land may be in dispute or drawn into question; (5) affecting domestic relations, including divorce, annulment or separation or custody, support, guardianship, adoption or dependency of children; (6) to grant writs of injunction, habeas corpus or extraordinary writs; or (7) where jurisdiction is vested exclusively in another court. 1953 Comp., § 36-3-3, enacted by Laws 1968, ch. 62, § 48; 1973, ch. 206, § 1; 1989, ch. 65, § 1; 1999, ch. 104, § 2; 2001, ch. 77, § 2.

NMSA 1978, § 35-3-4 Jurisdiction; criminal actions

35-3-4. Jurisdiction; criminal actions A. Magistrates have jurisdiction in all cases of misdemeanors and petty misdemeanors, including offenses and complaints under ordinances of a county. Magistrates also have jurisdiction in any other criminal action where jurisdiction is specifically granted by law, and they may hold preliminary examinations in any criminal action where authorized by law. B. Magistrates have jurisdiction over all offenses and complaints under ordinances of a municipality and may issue subpoenas and warrants and punish for contempt if that municipality has adopted an effective ordinance to provide for magistrate jurisdiction over municipal ordinances pursuant to the provisions of Subsection B of Section 35-14-1 NMSA 1978. C. In any criminal action in the magistrate court which is beyond the jurisdiction of the magistrate court, the magistrate may commit to jail, discharge or recognize the defendant to appear before the district court as provided by law. Whenever the defendant is bound over to the district court, the magistrate shall forthwith deliver to the clerk of the district court a transcript of all proceedings in the magistrate court in the action. 1953 Comp., § 36-3-4, enacted by Laws 1968, ch. 62, § 49; 1973, ch. 206, § 2; 1984, ch. 30, § 2; 1985, ch. 59, § 1; 1985, ch. 147, § 1.

NMSA 1978, § 35-3-5 Jurisdiction; venue of actions

35-3-5. Jurisdiction; venue of actions A. Venue of actions in the magistrate court lies: (1) in civil actions, in any magistrate district where the plaintiff or defendant resides or may be found or where the cause of action arose; and (2) in criminal actions, in the magistrate district where the crime is alleged to have been committed. B. The provisions of Section 35-3-6 or 35-3-7 NMSA 1978, supersede this section whenever they become applicable. 1953 Comp., § 36-3-5, enacted by Laws 1968, ch. 62, § 50.

NMSA 1978, § 35-3-6 Jurisdiction; territorial limits

35-3-6. Jurisdiction; territorial limits A. The territorial jurisdiction of a magistrate is coextensive with the magistrate district in which the magistrate serves. A magistrate also has jurisdiction in any criminal action involving violation of a law relating to motor vehicles arising in a magistrate district adjoining at any point that in which the magistrate serves and within magistrate trial jurisdiction; provided that the defendant is entitled to a change of venue to the district where the cause of action arose if the defendant so moves at, or within fifteen days after, arraignment. B. A magistrate has jurisdiction to sit in any action arising in any other magistrate district when designated for a specific period of time by a district judge because of the unavailability of a magistrate in that magistrate district. A magistrate acting in another magistrate district by designation pursuant to this subsection shall include the cases heard by designation in the magistrate's own reports to the administrative office of the courts, indicating on the reports that the magistrate's jurisdiction is by designation. C. In a criminal action in which a magistrate has territorial jurisdiction over the offense pursuant to this section, the magistrate court has personal jurisdiction over the defendant for the purpose of service of process upon the defendant wherever the defendant resides or may be found within the state. D. In a civil action arising within the magistrate's territorial jurisdiction, the magistrate court has personal jurisdiction over the defendant for the purpose of service of process upon the defendant wherever the defendant resides or may be found within the state. E. The territorial limitations of magistrate court jurisdiction shall not apply to actions to enforce judgments entered in the magistrate district and writs issued in aid of those actions. 1953 Comp., § 36-3-6, enacted by Laws 1968, ch. 62, § 51; 1985, ch. 59, § 2; 1989, ch. 65, § 2; 1991, ch. 82, § 1; 1999, ch. 95, § 2; 2007, ch. 251, § 1.

NMSA 1978, § 35-3-7 Jurisdiction; disqualification of magistrate

35-3-7. Jurisdiction; disqualification of magistrate A. Whenever a party to any civil or criminal action or proceeding of any kind files a statement of disqualification, the magistrate's jurisdiction over the cause terminates immediately. The statement is effective only if filed no later than fifteen days after the date the answer is filed in a civil action or no later than fifteen days after the date the defendant is arraigned in a criminal action. B. Upon receipt of a notice of disqualification, the magistrate or clerk of the magistrate court shall give written notice to the other parties to the action. Upon failure of counsel for all parties to file a stipulation within ten days of the filing of a statement of disqualification naming another magistrate judge in the district to try the cause, the presiding magistrate judge of the district shall as chosen by random selection designate another judge to try the cause. In the event all magistrates in the district are disqualified under the provisions of this section the disqualified magistrate shall, on the eleventh day thereafter, certify the fact by letter to the district court of the county in which the action is pending, and the district court shall designate another magistrate to conduct any further proceedings. The district court shall send notice of its designation to the parties or their counsel, to the disqualified magistrate and to the designated magistrate. C. Any magistrate who willfully attempts or presumes to act as magistrate in an action after disqualification is guilty of a petty misdemeanor and shall be removed from office. 1953 Comp., § 36-3-7, enacted by Laws 1968, ch. 62, § 52; 1983, ch. 88, § 1.

NMSA 1978, § 35-3-8 Jurisdiction; recusal

35-3-8. Jurisdiction; recusal A. Except by consent of all parties, no magistrate shall sit in any action in which: (1) either of the parties is related to him by affinity or consanguinity within the degree of first cousin; (2) he was counsel for either party in that action; or (3) he has an interest. B. Whenever one or more of the conditions of Subsection A exists, or whenever any other reason deemed sufficient by the magistrate exists, the magistrate before whom the action is pending shall recuse himself from sitting in the action by giving notice to all parties. Upon recusal, another magistrate shall be designated to conduct any further proceedings in the action in the same manner as provided in the case of disqualification. 1953 Comp., § 36-3-8, enacted by Laws 1968, ch. 62, § 53.

NMSA 1978, § 35-3-9 Jurisdiction; contempt

35-3-9. Jurisdiction; contempt A magistrate has jurisdiction to punish for contempt only for disorderly behavior or breach of the peace tending to interrupt or disturb a judicial proceeding in progress before the magistrate or for disobedience of any lawful order or process of his court. No person shall be punished for contempt of the magistrate court until given an opportunity to be heard in his defense. Any person convicted under this section may appeal to the district court in the same manner as in other criminal actions in the magistrate court. 1953 Comp., § 36-3-9, enacted by Laws 1968, ch. 62, § 54; 1975, ch. 242, § 3; 1991, ch. 82, § 2.

NMSA 1978, § 35-3-10 Jurisdiction; failure to exercise; unlawful exercise; remedy

35-3-10. Jurisdiction; failure to exercise; unlawful exercise; remedy If a magistrate before whom an action is pending is for any reason unable, unavailable or unwilling to preside in an action, or fails to recognize a properly filed statement of disqualification or fails to recognize grounds for refusal [recusal], any party may proceed in the manner specified by the Rules of Civil Procedure or the Rules of Criminal Procedure for the Magistrate Courts. The district court of the county in which the action is pending shall thereafter take action as provided in those rules. 1953 Comp., § 36-3-10, enacted by Laws 1975, ch. 242, § 2.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18535/index.doFetched: 10/20/2026