2019 New Mexico Statutes
Chapter 12 - Miscellaneous Public Affairs Matters
Article 1 - Compilation Commission
Section 12-1-9 - Fee levy on actions filed.
Each district court clerk shall indicate the sum of twelve dollars ($12.00) from each civil case docket fee paid in the district court for credit to the New Mexico compilation fund, no part of which shall revert at the end of any fiscal year. Vouchers for expenditures from the fund shall be signed by the secretary of the New Mexico compilation commission.
History: 1978 Comp., § 12-1-9, enacted by Laws 1982, ch. 7, § 3.ANNOTATIONS
Repeals and reenactments. — Laws 1982, ch. 7, § 3, repealed former 12-1-9 NMSA 1978, relating to fee levy on actions filed, and enacted a new section.
Fee deemed tax, not cost. — Charge levied under Laws 1929, ch. 135, § 10 (similar to this section), upon court actions, was a tax and not costs, and could not be awarded to the successful litigant, but had to be forwarded to the state treasurer. It referred to civil actions only. 1929 Op. Att'y Gen. No. 29-28.
Fee held an additional fee. — The fee imposed by an earlier version of this section was held to be an additional fee to the basic filing fee in district court. 1957 Op. Att'y Gen. No. 57-135.
Fee included in filing fees for appeal to district courts. — Under former law, the proper fee for filing appeals in the district court from civil cases in justice of the peace courts (now magistrate courts) included the fee specified in Section 34-6-40 NMSA 1978 and the fee specified in Section 12-1-9 NMSA 1978. 1970 Op. Att'y Gen. No. 70-65, 1964 Op. Att'y Gen. No. 64-50, 1961 Op. Att'y Gen. No. 61-74, 1961 Op. Att'y Gen. No. 61-105.
Appeals to which fee applicable. — The compilation fund docket fee required by this section would be applicable to appeals from the municipal court to the district court. 1980 Op. Att'y Gen. No. 80-18; 1970 Op. Att'y Gen. No. 70-65.
When fee not collectable. — The $1.25 (now $12) fee levied on civil actions "upon which a docket fee is now required to be paid" by this section's predecessor could not be collected in the following types of cases:
(1) free process cases;.
(2) suits by federal agencies upon which a docket fee is required to be paid;.
(3) tax petitions filed under Laws 1939, ch. 139, § 1 (since repealed), and approved by the district attorney;.
(4) tax petitions filed under Laws 1939, ch. 212 (72-7-30, 1953 Comp. since repealed); and.
(5) workmen's compensation cases.
It should be collected on all other civil actions docketed in district court including appeals from justice and probate courts. 1941 Op. Att'y Gen. No. 41-3927.