Section 34-7-8 – Probate courts; hours of business; notice.
The probate courts of the state shall be in session and open at such times as are needed for the transaction of any business matters which may properly come before the courts under the laws of the state and upon notice thereof given as required under the laws of the state. History: Laws 1935, ch. […]
Section 34-7-9 – [Probate judge interested or disqualified; transfer to district court.]
Whenever the probate judge shall, for any reason, be interested or disqualified from acting in any proceeding coming within the jurisdiction of the probate court, he shall upon his own motion or that of any interested party, forthwith enter an order transferring such proceeding to the district court having jurisdiction in that county and directing […]
Section 34-7-10 – [Proceedings in district court after transfer.]
All proceedings thus transferred shall be docketed as other causes in the district court, which court shall thereupon exercise the same authority and take the same steps and proceedings as would have otherwise have [sic] been taken in the probate court. History: Laws 1933, ch. 102, § 2; 1941 Comp., § 16-413; 1953 Comp., § […]
Section 34-7-11 – [Probate judge absent or unable to attend to duties; powers of district judge.]
Whenever the probate judge shall be absent from the county wherein he was elected, or shall be incapacitated or unable to attend to his duties from any cause whatsoever, any district judge, of said county, or any other district judge designated to hold court in said county for him, may do any and all things […]
Section 34-7-12 – Repealed.
ANNOTATIONS Repeals. — Laws 1978, ch. 159, § 15, effective March 6, 1978, repealed 16-4-15, 1953 Comp. (34-7-12 NMSA 1978), relating to vacancy in the office of probate judge.
Section 34-7-13 – [Judges may issue process and make rules.]
That the judges of probate courts shall have full power and authority to issue whatever process may be necessary for the efficient discharge of their duties, and to make and publish rules and orders regulating the business and practice of their several courts, not inconsistent with the laws of this state. History: Laws 1887, ch. […]
Section 34-7-14 – Fees of probate court clerks.
Clerks of the probate courts are entitled to receive the following docket fees in all matters: A. for docketing each cause, to be paid by the party docketing the cause, thirty dollars ($30.00), which shall include all costs of the clerks in any cause in the court; and B. a fee of fifteen cents ($.15) […]
Section 34-7-15 – [Additional fees of clerk.]
In addition to the fees provided for in Section 1 [34-7-14 NMSA 1978] hereof, clerks of probate courts may charge the following fees: for making an itemized bill of costs in any case, when demanded, fifty cents [($.50)]; for making and certifying to transcript of judgment, one dollar [($1.00)]; for taking an acknowledgment and affixing […]
Section 34-7-16 – [Fees exclusive.]
No other or different fees than those above provided shall be made or received by clerks of probate courts, and any services required of them in any matter other than those for which fees are herein provided shall be without compensation. History: Laws 1923, ch. 29, § 4; C.S. 1929, § 34-409; 1941 Comp., § […]
Section 34-7-4 – [Place of holding court and keeping clerk’s office.]
The probate judges of this state are strictly required to hold their courts in the county seats of their counties, and the probate clerks shall also have their offices in the said county seat of the county at all times. History: Laws 1869-1870, ch. 51, § 1; C.L. 1884, § 415; C.L. 1897, § 749; […]