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. History: 1953 Comp., § 36-10-1, enacted by Laws 1968, ch. 62, § 108; 1975, ch. […]
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 […]
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 […]
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 […]
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 […]
ANNOTATIONS Repeals. — Laws 1987, ch. 279, § 1 repealed 35-8-6 NMSA 1978, as enacted by Laws 1968, ch. 62, § 113, relating to juror fees in magistrate court, effective June 19, 1987.
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 […]
