2015 New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts
Section 3 Magistrate Court; Jurisdiction
Section 35-3-10 Jurisdiction; failure to exercise; unlawful exercise; remedy.
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.
History: 1953 Comp., 36-3-10, enacted by Laws 1975, ch. 242, 2.
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