0001|                               AN ACT
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0002| RELATING TO JUDICIAL PROCEEDINGS; ESTABLISHING AN ANSWER FEE FOR CIVIL
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0003| ACTIONS IN TRIAL COURTS; GRANTING FREE PROCESS TO ANSWERING PARTIES IN
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0004| CIVIL ACTIONS UPON A SHOWING OF INDIGENCY; CREATING A FUND; DEDICATING
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0005| PROCEEDS IN THE FUND FOR THE PROVISION OF CIVIL LEGAL SERVICES TO
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0006| INDIGENT PERSONS; MAKING AN APPROPRIATION.
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0007| 
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0008| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0009|      Section 1.  ANSWER FEE--DISTRICT COURTS.--District court clerks
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0010| shall collect an answer fee of twenty-five dollars ($25.00) from a party
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0011| that answers a complaint, or a third-party complaint, in a civil action. 
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0012| The district court may waive the answer fee for a party in a civil
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0013| action upon a proper showing of indigence.  The proceeds of the answer
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0014| fee shall be deposited in the civil legal services fund.
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0015|      Section 2.  ANSWER FEE--MAGISTRATE AND METROPOLITAN COURTS.--Magistrates, including metropolitan court judges, shall collect an
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0016| answer fee of twenty-five dollars ($25.00), to be collected from a party
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0017| that answers a complaint, or a third-party complaint, in a civil action. 
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0018| The magistrate or metropolitan court may waive the answer fee for a
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0019| party in a civil action upon proper showing of indigence.  The proceeds
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0020| of the answer fee shall be deposited in the civil legal services fund.
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0021|      Section 3.  CIVIL LEGAL SERVICES FUND CREATED--ADMINISTRATION--DISTRIBUTION.--
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0022|           A.  There is created in the state treasury the "civil legal
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0023| services fund" to be administrated by the administrative office of the
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0024| courts.
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0025|           B.  Balances in the civil legal services fund may be expended
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0001| by the administrative office of the courts for the purpose of entering
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0002| into contracts with nonprofit organizations to provide free or reduced-fee civil legal services to indigent persons in New Mexico.  A contract
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0003| entered into for the purpose of providing civil legal services to
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0004| indigent persons shall be in accordance with the provisions of the
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0005| Procurement Code.
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0006|           C.  Balances in the civil legal services fund shall not
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0007| revert to the general fund at the end of any fiscal year.
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0008|           D.  Payments from the civil legal services fund shall be made
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0009| upon vouchers issued and signed by the director of the administrative
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0010| office of the courts upon warrants drawn by the secretary of finance and
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0011| administration.
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0012|      Section 4.  EFFECTIVE DATE.--The effective date of the provisions
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0013| of this act is July 1, 1996.                        
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0014| 
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0015|                                                              HB
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0016| 584
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0017|                                                              Page 
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