46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO COURTS; REPLACING THE SKELETON TRANSCRIPT FEE WITH A DOCKET AND DISMISS FEE IN THE COURT OF APPEALS AND SUPREME COURT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 34-2-5 NMSA 1978 (being Laws 1933, Chapter 81, Section 1, as amended) is amended to read:

"34-2-5. FEES--COLLECTION BY SUPREME COURT CLERK.--The clerk of the supreme court shall collect the following fees:

A. in all cases docketed in the court, except those in which statutory exemption exists and those in which the court on showing of poverty may, by order, waive the fee, one hundred twenty-five dollars ($125), twenty-five dollars ($25.00) of which shall be deposited in the court automation fund and ninety-six dollars ($96.00) of which shall be deposited in the court facilities fund; provided that in cases in which a [skeleton transcript may be filed for the purpose of a] motion to docket and [affirm] dismiss an appeal is filed for failure to file a docket statement of the issues, the fee shall be twenty dollars ($20.00), ten dollars ($10.00) of which shall be deposited in the court automation fund and ten dollars ($10.00) of which shall be deposited in the court facilities fund;

B. for one copy of files or a record, ten cents ($.10) per folio and for additional copies ordered at the same time five cents ($.05) per folio;

C. for comparing copies of files or records tendered to him, five cents ($.05) per folio; and

D. for each certificate, one dollar ($1.00)."

Section 2. Section 34-5-6 NMSA 1978 (being Laws 1966, Chapter 28, Section 6, as amended) is amended to read:

"34-5-6. COURT OF APPEALS--FEES AND COSTS.--

A. The clerk of the court of appeals shall collect the following fees:

docket fee, twenty-five dollars ($25.00) of

which shall be deposited in the court

automation fund and one hundred dollars

($100) of which shall be deposited in

the court facilities fund $125.00

docket fee for cases in which a [skeleton

transcript is filed for purpose of a]

motion to docket and [affirm] dismiss the

appeal is filed for failure to file a

docketing statement, ten dollars ($10.00)

of which shall be deposited in the court

automation fund and ten dollars ($10.00) of

which shall be deposited in the court facilities fund 20.00

single copy of records, per typewritten folio .10

each additional copy of records ordered at

same time, per typewritten folio .05

copies of records reproduced by photographic

process, per page .10

comparing copies of records tendered to him,

per folio .05

each certificate 1.00.

B. No fees or costs shall be required in proceedings in forma pauperis, from state officers acting in their official capacity or in any other case where a statutory exemption exists.

C. Except as otherwise specifically provided by law, the clerk of the court of appeals shall pay all fees and costs to the state treasurer for credit to the state general fund."