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Legal Statutes: New Mexico

UPDATED April 28, 2016

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Article 3. Magistrate Court; Jurisdiction

back to top35-3-3. 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), 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.

L. 1968, Ch. 62, § 48; L. 1973, Ch. 206, § 1; L. 1989, Ch. 65, § 1; L. 1999, Ch. 104, § 2, eff. July 1, 1999; L. 2001, Ch. 77, § 2, eff. July 1, 2001.