2019 New Mexico Statutes
Chapter 34 - Court Structure and Administration
Article 1 - General Provisions
Section 34-1-6 - [Clerks to record orders, make indexes, issue process and keep seal.]

Universal Citation: NM Stat § 34-1-6 (2019)

The clerks of the supreme and inferior courts, and of the probate judges, shall seasonably record the judgments, rules, orders and other proceedings of the respective courts and make a complete alphabetical index thereto, issue and attest all processes issuing from their respective offices, and affix the seal of office thereto; they shall preserve the seal and other property belonging to their respective offices.

History: Kearny Code, Clerks, § 3; C.L. 1865, ch. 39, § 3; C.L. 1884, § 642; C.L. 1897, § 1005; Code 1915, § 1357; C.S. 1929, § 34-104; 1941 Comp., § 16-105; 1953 Comp., § 16-1-5.


Cross references. — For adoption of design for supreme court seal, see 34-2-3 NMSA 1978.

For adoption of design for court of appeals seal, see 34-5-12 NMSA 1978.

For district court clerk keeping and using seal, see 34-6-25 NMSA 1978.

For keeping and authenticating record of orders of district court, see 34-6-26 NMSA 1978.

For notation of filing on first page of paper by district court clerk, see 34-6-30 NMSA 1978.

For dockets, records and indexes to be kept by district court clerks, see 34-6-33 NMSA 1978.

For probate court clerks, see 34-7-14 to 34-7-25 NMSA 1978.

For county clerk as district and probate court clerk, see N.M. Const., art. VI, § 22.

For supreme court clerk being member and secretary of compilation commission, see 12-1-2 NMSA 1978.

For supreme court clerk being secretary of board of trustees of supreme court law library, see 18-1-2 NMSA 1978.

For duties of supreme court clerk, see 12-310 and 23-102 NMRA.

For specifications of supreme court seal, see Rule 3, N.M. S. Ct. Misc. R.

This section does not prescribe form or nature of book in which records are to be kept. 1915 Op. Att'y Gen. No. 15-167.

Decision not effective until entered. — A decision of an issue by the probate court is not completely and effectively rendered until it has been entered of record. In re Montano's Estate, 1934-NMSC-048, 38 N.M. 355, 33 P.2d 906.

Decision not effective until filed with clerk. — In determining the time within which a cost bond must be filed, an order in writing signed by the district judge, allowing an appeal, becomes effective as the judgment of the court when the same is filed with the clerk for entry in the record, and not on the date of the signing of the order. State v. Capital City Bank, 1926-NMSC-022, 31 N.M. 430, 246 P. 899.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Clerks of Court § 21 et seq.; 20 Am. Jur. 2d Courts § 25 et seq.

Liability of clerk of court or his bond for money paid into his hands by virtue of his office, 59 A.L.R. 60.

Validity, construction, and application of statutes providing for entry of default judgment by clerk without intervention of court or judge, 158 A.L.R. 1091.

Misinformation by judge or clerk of court as to status of case or time of trial or bearing as ground for relief from judgment, 164 A.L.R. 537.

Liability of clerk of court or surety on bond for negligent or wrongful acts of deputies and assistants, 71 A.L.R.2d 1140.

Applicability of judicial immunity to acts of clerk of court under state law, 34 A.L.R.4th 1186.

Failure or refusal of state court judge to have record made of bench conference with counsel in criminal proceeding, 31 A.L.R.5th 704.

21 C.J.S. Courts § 249 et seq.

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