SENATE BILL 590

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Rod Adair

AN ACT

RELATING TO COURTS; INCREASING THE JURISDICTIONAL AMOUNT FOR CIVIL ACTIONS IN METROPOLITAN COURT AND MAGISTRATE COURT.

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

     Section 1. Section 34-8A-3 NMSA 1978 (being Laws 1979, Chapter 346, Section 3, as amended) is amended to read:

     "34-8A-3. METROPOLITAN COURT--JURISDICTION.--

          A. In addition to the jurisdiction provided by law for magistrate courts, a metropolitan court shall have jurisdiction within the county boundaries over all:

                (1) offenses and complaints pursuant to ordinances of the county and of a municipality located within the county in which the court is located except municipalities with a population of more than two thousand five hundred but less than five thousand persons in the 1980 federal decennial census; provided that the metropolitan court shall not have jurisdiction over uncontested municipal parking violations;

                (2) civil actions in which the debt or sum claimed does not exceed [ten thousand dollars ($10,000)] fifteen thousand dollars ($15,000), exclusive of interest and costs; and

                (3) contested violations of parking or operation of vehicle rules promulgated by a board of regents of a state educational institution designated in Article 12, Section 11 of the constitution of New Mexico located within the county in which the court is located.

          B. For the purposes of this section, "uncontested violation" is a violation for which a citation has been issued and the person has paid the citation by mail or in person to the appropriate issuing authority; and "contested violation" is a violation for which a citation has been issued and the person has indicated [his] the intent to contest the citation or the person has not paid or answered the citation.

          C. The issuing authority shall provide to the metropolitan court on a mutually agreed schedule the unpaid citations and a listing in a manner mutually agreed upon of unpaid citations.

          D. The municipality shall retain as reimbursement for its expenses all revenues from uncontested municipal parking violations."

     Section 2. Section 35-3-3 NMSA 1978 (being Laws 1968, Chapter 62, Section 48, as amended) is amended to read:

     "35-3-3. JURISDICTION--CIVIL ACTIONS.--

          A. Magistrates have jurisdiction in civil actions in which the debt or sum claimed does not exceed [ten thousand dollars ($10,000)] fifteen thousand dollars ($15,000), exclusive of interest and costs.

          B. Except as provided in Subsection C of this section, civil jurisdiction extends to actions in contract, quasi-contract and tort and where expressly conferred by law.

          C. A magistrate has no jurisdiction in a civil action:

                (1) for malicious prosecution, libel or slander;

                (2) against public officers for misconduct in office;

                (3) for specific performance of contracts for the sale of real property;

                (4) in which the title or boundaries of land may be in dispute or drawn into question;

                (5) affecting domestic relations, including divorce, annulment or separation or custody, support, guardianship, adoption or dependency of children;

                (6) to grant writs of injunction, habeas corpus or extraordinary writs; or

                (7) where jurisdiction is vested exclusively in another court."

     Section 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2009.

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