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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) per folio in addition to the docket fee may be charged for any excess of twenty folios in cases where judgments or decrees or orders exceed twenty folios.

History: Laws 1923, ch. 29, § 1; C.S. 1929, § 34-406; Laws 1937, ch. 111, § 1; 1941 Comp., § 16-422; 1953 Comp., § 16-4-22; Laws 1961, ch. 16, § 1; 1975, ch. 257, § 8-102; 1993, ch. 132, § 1.

ANNOTATIONS

Cross references. — For penalty for public officer demanding illegal fees, see 30-23-1 NMSA 1978.

The 1993 amendment, effective June 18, 1993, substituted “thirty dollars ($30.00)” for “twelve dollars fifty cents ($12.50)” in Subsection A and made a minor stylistic change.

Docket fee charged although no heirs. — A probate court clerk should collect the docket fee provided for by this section though there are no heirs or beneficiaries. 1946 Op. Att’y Gen. No. 46-4923A.