SB 64

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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 the

magistrate serves. A magistrate also has jurisdiction in any

criminal action involving violation of a law relating to

motor vehicles arising in a magistrate district adjoining at

any point that in which 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 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 a district judge

because of the unavailability of a magistrate in that

magistrate district. A magistrate acting in another

magistrate district by designation pursuant to this

SB 64

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subsection shall include the cases heard by designation in

the magistrate's own reports to the administrative office of

the courts, indicating on the reports that the magistrate's

jurisdiction is by designation.

C. In 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 the defendant resides or may be found

within the state.

D. In 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 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."