0001|                            HOUSE BILL 687
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                             MIMI STEWART
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO COURTS; PROVIDING THAT METROPOLITAN COURT IS A
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0012|     COURT OF RECORD FOR CRIMINAL ACTIONS; AMENDING A SECTION OF THE
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0013|     NMSA 1978.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 34-8A-6 NMSA 1978 (being Laws 1979,
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0017|     Chapter 346, Section 6, as amended) is amended to read:
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0018|          "34-8A-6.  METROPOLITAN COURT--RULES--APPEAL.--
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0019|               A.  The supreme court shall adopt separate rules of
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0020|     procedure for the metropolitan courts.  The rules shall provide
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0021|     simple procedures for the just, speedy and inexpensive
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0022|     determination of any metropolitan court action.
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0023|               B.  The metropolitan court is a court of record for
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0024|     civil actions.  Any party aggrieved by a judgment rendered by
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0025|     the metropolitan court in a civil action may appeal to the
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0001|     district court of the county in which the metropolitan court is
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0002|     located within fifteen days after the judgment was rendered. 
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0003|     The manner and method for the appeal shall be set forth by
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0004|     supreme court rule.
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0005|               C.  The metropolitan court is a court of record for
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0006|     criminal actions <s>[involving driving while under the influence
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<s></s>0007| <s>    of intoxicating liquors or drugs or involving domestic
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<s></s>0008| <s>    violence.  A criminal action involving domestic violence means
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<s></s>0009| <s>    an assault or battery under any state law or municipal or
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<s></s>0010| <s>    county ordinance in which the alleged victim is a household
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<s></s>0011| <s>    member as defined in the Family Violence Protection Act]</s>.  Any
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0012|     party aggrieved by a judgment rendered by the metropolitan
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0013|     court in a criminal action <s>[involving driving while under the
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<s></s>0014| <s>    influence of intoxicating liquors or drugs or involving
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<s></s>0015| <s>    domestic violence]</s> may appeal to the district court of the
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0016|     county in which the metropolitan court is located within
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0017|     fifteen days after the judgment was rendered.  The manner and
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0018|     method of appeal shall be set forth by supreme court rule.
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0019|               <s>[D.  The metropolitan court is not a court of
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<s></s>0020| <s>    record for criminal actions other than driving while under the
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<s></s>0021| <s>    influence of intoxicating liquors or drugs or domestic violence
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<s></s>0022| <s>    actions.  Any party aggrieved by a judgment rendered by the
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<s></s>0023| <s>    metropolitan court in a criminal action, other than driving
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<s></s>0024| <s>    while under the influence of intoxicating liquors <u></u>or drugs or
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<s></s>0025| <s>    domestic violence action, may appeal to the district court of
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<s></s>0001| <s>    the county in which the metropolitan court is located within
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<s></s>0002| <s>    fifteen days after the judgment was rendered.  The appeal shall
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<s></s>0003| <s>    be de novo. 
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<s></s>0004| <s>              E.]</s> D.  All judgments rendered in civil actions in
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0005|     the metropolitan court shall be subject to the same provisions
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0006|     of law as those rendered in district court."

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0007|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0008|     provisions of this act is July 1, 1997.
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0009|                              
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