SENATE BILL 64

48th legislature - STATE OF NEW MEXICO - first session, 2007

INTRODUCED BY

Carroll H. Leavell

AN ACT

RELATING TO COURTS; ALLOWING COLLECTION OF FEES AND COSTS BY A MAGISTRATE ACTING IN ANOTHER MAGISTRATE DISTRICT BY DESIGNATION.

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

     Section 1. Section 35-3-6 NMSA 1978 (being Laws 1968, Chapter 62, Section 51, as amended) is amended to read:

     "35-3-6. JURISDICTION--TERRITORIAL LIMITS.--

          A. The territorial jurisdiction of a magistrate is coextensive with the magistrate district in which [he] the magistrate serves. A magistrate also has jurisdiction in any criminal action involving violation of a law relating to motor vehicles arising in [any] a magistrate district adjoining at any point that in which [he] the magistrate serves and within magistrate trial jurisdiction; provided that the defendant is entitled to a change of venue to the district where the cause of action arose if [he] the defendant so moves at, or within fifteen days after, arraignment.

          B. A magistrate has jurisdiction to sit in any action arising in any other magistrate district when designated for a specific period of time by [any] a district judge because of the unavailability of a magistrate in that magistrate district. [Any] A magistrate acting in another magistrate district by designation [under] pursuant to this subsection shall include the cases heard by designation in [his] the magistrate's own reports to the administrative office of the courts, indicating on the reports that [his] the magistrate's jurisdiction is by designation. [No costs or fees shall be collected by any court for any filing or proceeding under this subsection.]

          C. In [any] a criminal action in which a magistrate has territorial jurisdiction over the offense pursuant to this section, the magistrate court has personal jurisdiction over the defendant for the purpose of service of process upon the defendant wherever [he] the defendant resides or may be found within the state.

          D. In [any] a civil action arising within the magistrate's territorial jurisdiction, the magistrate court has personal jurisdiction over the defendant for the purpose of service of process upon the defendant wherever [he] the defendant resides or may be found within the state.

          E. The territorial limitations of magistrate court jurisdiction shall not apply to actions to enforce judgments entered in the magistrate district and writs issued in aid of those actions."

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