Section 38-3-11 – Costs paid by county of origin.
Whenever a change of venue is granted, all costs in civil and criminal cases shall be paid from the court fund of the county in which the case originated. History: 1953 Comp., § 21-5-10, enacted by Laws 1965, ch. 187, § 3.
Section 38-3-7 – County to which case may be removed.
In all cases where a change of venue is granted, the case shall be removed to another county within the same judicial district unless the remaining counties are subject to exception, or unless the change of venue is ordered upon any of the grounds relating to the judge. Under these circumstances, the case shall be […]
Section 38-3-8 – Repealed.
ANNOTATIONS Repeals. — Laws 2003, ch. 52, § 2 repealed 38-3-8 NMSA 1978, as enacted by Laws 1889, ch. 77, § 4, relating to change after first term, effective March 19, 2003. For provisions of former section, see the 2002 NMSA 1978 on NMOneSource.com.
Section 38-3-9 – Peremptory challenge to a district judge.
A party to an action or proceeding, civil or criminal, including proceedings for indirect criminal contempt arising out of oral or written publications, except actions or proceedings for constructive and other indirect contempt or direct contempt shall have the right to exercise a peremptory challenge to the district judge before whom the action or proceeding […]
Section 38-3-10 – Time for filing affidavit of disqualification.
The affidavit of disqualification shall be filed within ten days after the cause is at issue or within ten days after the time for filing a demand for jury trial has expired, or within ten days after the judge sought to be disqualified is assigned to the case, whichever is the later. History: Laws 1933, […]
Section 38-3-1.1 – Jurisdiction of district courts.
All district courts have jurisdiction to review the action of any executive branch, agency or department in those cases in which a statute provides for judicial review. History: Laws 1988, ch. 8, § 2.
Section 38-3-2 – [Actions against municipality or board of county commissioners.]
All civil actions not otherwise required by law to be brought in the district court of Santa Fe county, wherein any municipality or board of county commissioners is a party defendant, shall be instituted only in the district court of the county in which such municipality is located, or for which such board of county […]
Section 38-3-3 – Change of venue in civil and criminal cases.
The venue in all civil and criminal cases shall be changed, upon motion, to another county free from exception: A. whenever the judge is interested in the result of the case or is related to or has been counsel for any of the parties; or B. when the party moving for a change files in […]
Section 38-3-4 – Change of venue by stipulation of parties.
In addition to the provisions for change of venue in Section 38-3-3 NMSA 1978, a change of venue from one county to another within the same judicial district may be ordered by a district judge in any civil or criminal proceeding in a district court if both parties stipulate in writing to that change. History: […]
Section 38-3-5 – [Evidence in support of application; findings; decision.]
Upon the filing of a motion for change of venue, the court may require evidence in support thereof, and upon hearing thereon shall make findings and either grant or overrule said motion. History: Laws 1929, ch. 60, § 2; C.S. 1929, § 147-106; 1941 Comp., § 19-504; 1953 Comp., § 21-5-4. ANNOTATIONS Bracketed material. — […]