There Is a Newer Version
of
the New Mexico Statutes
2011 New Mexico Statutes
Chapter 35: Magistrate and Municipal Courts
Article 3: Magistrate Court; Jurisdiction, 35-3-1 through 35-3-10
Section 35-3-1: Jurisdiction; administration of oaths.
Universal Citation:
NM Stat § 35-3-1 (1996 through 1st Sess 50th Legis)
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This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
35-3-10. Jurisdiction; failure to exercise; unlawful exercise; remedy.
If a magistrate before whom an action is pending is for any reason unable, unavailable or unwilling to preside in an action, or fails to recognize a properly filed statement of disqualification or fails to recognize grounds for refusal [recusal], any party may proceed in the manner specified by the Rules of Civil Procedure or the Rules of Criminal Procedure for the Magistrate Courts. The district court of the county in which the action is pending shall thereafter take action as provided in those rules.
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