HOUSE BILL 131

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Sarah Maestas Barnes

AN ACT

RELATING TO THE DISTRICT COURTS; ALLOWING DISTRICT COURTS TO RECOVER COSTS FOR ALTERNATIVE DISPUTE RESOLUTION ON A SLIDING FEE SCALE.

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

     SECTION 1. Section 34-6-45 NMSA 1978 (being Laws 1986, Chapter 26, Section 2, as amended) is amended to read:

     "34-6-45. DISTRICT COURTS--ALTERNATIVE DISPUTE RESOLUTION--FEE.--In addition to fees collected pursuant to, and subject to exceptions set forth in, Section 34-6-40 NMSA 1978 for docketing of civil cases [in any judicial district that has established an alternative dispute resolution program by judicial district court rule approved by the supreme court, including but not limited to arbitration, mediation and settlement facilitation programs]:

          A. the district court clerk shall collect a fee of fifteen dollars ($15.00) on all new and reopened civil cases except domestic relations cases. The fee shall be deposited for credit to the district court alternative dispute resolution fund pursuant to the provisions of Section [34-6-37] 34-6-44 NMSA 1978; and

          B. the district court may require the parties to pay a fee for services rendered through an alternative dispute resolution program. The fee shall be based on ability to pay pursuant to a sliding fee scale approved by the supreme court.

Payment shall be made by the parties to the district court to be deposited for credit to the district court alternative dispute resolution fund pursuant to the provisions of Section 34-6-44 NMSA 1978."

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