2018 New Mexico Statutes
Chapter 34 - Court Structure and Administration
Article 8A - Metropolitan Courts
Section 34-8A-3 - Metropolitan court; jurisdiction.
A. In addition to the jurisdiction provided by law for magistrate courts, a metropolitan court shall have jurisdiction within the county boundaries over all:
(1) offenses and complaints pursuant to ordinances of the county and of a municipality located within the county in which the court is located except municipalities with a population of more than two thousand five hundred but less than five thousand persons in the 1980 federal decennial census; provided that the metropolitan court shall not have jurisdiction over uncontested municipal parking violations;
(2) civil actions in which the debt or sum claimed does not exceed ten thousand dollars ($10,000), exclusive of interest and costs; and
(3) contested violations of parking or operation of vehicle rules promulgated by a board of regents of a state educational institution designated in Article 12, Section 11 of the constitution of New Mexico located within the county in which the court is located.
B. For the purposes of this section, "uncontested violation" is a violation for which a citation has been issued and the person has paid the citation by mail or in person to the appropriate issuing authority; and "contested violation" is a violation for which a citation has been issued and the person has indicated his intent to contest the citation or the person has not paid or answered the citation.
C. The issuing authority shall provide to the metropolitan court on a mutually agreed schedule the unpaid citations and a listing in a manner mutually agreed upon of unpaid citations.
D. The municipality shall retain as reimbursement for its expenses all revenues from uncontested municipal parking violations.
History: Laws 1979, ch. 346, § 3; 1980, ch. 142, § 2; 1981, ch. 304, § 2; 1985, ch. 128, § 1; 1987, ch. 111, § 2; 1999, ch. 104, § 1; 2001, ch. 77, § 1.
Cross references. — For domestic violence offender treatment fund, see 31-12-12 NMSA 1978.
For costs of criminal processes associated with domestic abuse offenses, see 40-13-3.1 NMSA 1978.
The 2001 amendment, effective July 1, 2001, substituted "ten thousand dollars ($10,000)" for "seven thousand five hundred dollars ($7,500)" in Paragraph A(2); and substituted "rules" for "regulations" in Paragraph A(3).
The 1999 amendment, effective, July 1, 1999, substituted "seven thousand five hundred dollars ($7,500)" for "five thousand dollars ($5,000)" in Paragraph A(2).
Delay in enforcing sentence. — Where the court delayed enforcing defendant's sentence for thirteen months due to a mistake as to whether defendant was serving the sentence during and after an appeal, the court did not lose jurisdiction to enforce the sentence. State v. Calabaza, 2011-NMCA-053, 149 N.M. 612, 252 P.3d 836.
Service of writ of execution. — A writ of execution on a judgment of the former small claims court may be served outside of the county where the court is created. 1963-64 Op. Att'y Gen. No. 63-18 (opinion rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Small claims: jurisdictional limits as binding on appellate court, 67 A.L.R.4th 1117.
