2019 New Mexico Statutes
Chapter 34 - Court Structure and Administration
Article 5 - Court of Appeals
Section 34-5-6 - Court of appeals; fees and costs.
A. The clerk of the court of appeals shall collect the following fees:
| docket fee, twenty-five dollars ($25.00) of which shall be deposited in | |
| the court automation fund and one hundred dollars ($100) | |
| of which shall be deposited in the court facilities fund ............................... | $125.00 |
| docket fee for cases in which a motion to docket and dismiss the | |
| appeal is filed for failure to file a docketing statement, ten dollars ($10.00) | |
| of which shall be deposited in the court automation fund and ten dollars | |
| ($10.00) of which shall be deposited in the court facilities fund ............... | 20.00 |
| single copy of records, per typewritten folio ....................................................... | .10 |
| each additional copy of records ordered at same time, per typewritten folio .. | .05 |
| copies of records reproduced by photographic process, per page .................... | .10 |
| comparing copies of records tendered to him, per folio ................................... | .05 |
| each certificate .................................................................................................. | 1.00. |
B. No fees or costs shall be required in proceedings in forma pauperis, from state officers acting in their official capacity or in any other case where a statutory exemption exists.
C. Except as otherwise specifically provided by law, the clerk of the court of appeals shall pay all fees and costs to the state treasurer for credit to the state general fund.
History: 1953 Comp., § 16-7-6, enacted by Laws 1966, ch. 28, § 6; 1992, ch. 111, § 19; 1996, ch. 41, § 2; 1998 (1st S.S.), ch. 6, § 2; 2003, ch. 38, § 2.
ANNOTATIONSCross references. — For collection of fees by district court clerks in civil matters docketing any cause, including appeals, see 34-6-40 NMSA 1978.
For the court automation fund, see 34-9-10 NMSA 1978.
For penalty for public officer's demanding illegal fees, see 30-23-1 NMSA 1978.
For amounts to be taxed as costs on appeals and writs of error, see 39-3-11 NMSA 1978.
The 2003 amendment, effective June 20, 2003, in Subsection A deleted "skeleton transcript is filed for purpose of a" following "cases in which a", and substituted "dismiss the appeal is filed for failure to file a docketing statement" for "affirm" following "motion to docket and" near the middle of Subsection A.
The 1998 amendment, effective July 1, 1998, inserted "and one hundred dollars ($100.00) of which shall be deposited in the court facilities fund" and "and ten dollars ($10.00) of which shall be deposited in the court facilities fund" in Subsection A.
The 1996 amendment, effective May 15, 1996, in Subsection A, inserted "twenty-five dollars ($25.00) of which shall be deposited in the court automation fund" following "docket fee", substituted "$125.00" for "$100.00", inserted "ten dollars ($10.00) of which shall be deposited in the court automation fund" following "and affirm", substituted "$20.00" for "$10.00", and made minor stylistic changes; and, in Subsection C, added "Except as otherwise specifically provided by law" at the beginning.
The 1992 amendment, effective July 1, 1992, substituted "$100.00" for "$20.00" in Subsection A.
Am. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes "fees" or "costs" within meaning of Federal Statutory Provision (28 USCS § 1915 and similar predecessor statutes) permitting party to proceed in forma pauperis without prepayment of fees and costs or security therefor, 142 A.L.R. Fed. 627.
