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Section 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 […]

Section 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. History: 1953 Comp., § 16-3-16, enacted by Laws 1968, ch. 69, § 30. ANNOTATIONS Cross references. — For rules governing the filing and service of papers and pleadings in the […]

Section 34-6-3 – Repealed.

ANNOTATIONS Repeals. — Laws 1993, ch. 278, § 4 repeals 34-6-3 NMSA 1978, as amended by Laws 1990, ch. 115, § 3, concerning salaries of district judges, effective January 1, 1994. For provisions of former section, see NMOneSource.com. For present comparable provisions, see 34-1-9 NMSA 1978.

Section 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. History: 1953 Comp., § 16-3-17, enacted by Laws 1968, ch. 69, § 31. ANNOTATIONS Repeals and reenactments. — Laws […]

Section 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. History: 1953 Comp., § 16-3-18, enacted by Laws 1968, ch. 69, § 32. ANNOTATIONS Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-18, 1953 Comp., relating to return of […]

Section 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 Similarly, objects in evidence of a nondocumentary nature may be withdrawn and […]

Section 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 […]

Section 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. History: 1953 Comp., § 16-3-22, enacted by Laws 1968, ch. 69, § 36. ANNOTATIONS Cross references. — For payment of change of […]

Section 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 […]

Section 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 […]

Section 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. History: 1953 Comp., § 16-3-27, enacted by Laws 1968, ch. 69, § 41. ANNOTATIONS Cross references. — For punishment for fourth degree felonies, see 31-18-15 NMSA 1978. Repeals and reenactments. — Laws 1968, ch. 69, […]

Section 34-6-4 – Judges; first judicial district.

There shall be ten district judges in the first judicial district. History: 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; […]

Section 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 […]

Section 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 […]

Section 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. History: 1953 Comp., § 16-3-29, enacted by Laws 1968, ch. 69, § 43; 1989, ch. 116, § 1. ANNOTATIONS […]

Section 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. History: 1953 Comp., § 16-3-30, enacted by Laws 1968, ch. 69, § 44. ANNOTATIONS Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-30, 1953 Comp., relating to renting suitable quarters […]

Section 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. History: 1953 Comp., § 16-3-31, enacted by Laws 1968, ch. 69, § 45. ANNOTATIONS Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-31, 1953 Comp., relating to payment of rentals from county […]

Section 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, […]