2020 New Mexico Statutes
Chapter 34 - Court Structure and Administration
Article 6 - District Courts
Section 34-6-40 - Finance; fees.

A. Except as provided in Subsection B of this section, district court clerks shall collect in civil matters docketing any cause, whether original or reopened or by appeal or transfer from any inferior court, a fee of one hundred seventeen dollars ($117), twenty dollars ($20.00) of which shall be deposited in the court automation fund and twenty-five dollars ($25.00) of which shall be deposited in the civil legal services fund.

B. In those matters where the fee provided for in Section 40-12-6 NMSA 1978 is collected, district court clerks shall collect a fee of one hundred seven dollars ($107), ten dollars ($10.00) of which shall be deposited in the court automation fund and twenty-five dollars ($25.00) of which shall be deposited in the civil legal services fund.

C. No fees or costs shall be taxed against the state, its political subdivisions or the nonprofit corporations authorized to be formed under the Educational Assistance Act [Chapter 21, Article 21A NMSA 1978].

D. Except as otherwise specifically provided by law, docket fees shall be paid into the general fund.

History: 1953 Comp., § 16-3-28, enacted by Laws 1968, ch. 69, § 42; 1969, ch. 193, § 3; 1980, ch. 137, § 1; 1981, ch. 320, § 1; 1982, ch. 7, § 5; 1984, ch. 120, § 6; 1987, ch. 123, § 1; 1989, ch. 90, § 1; 1992, ch. 111, § 20; 1996, ch. 41, § 3; 2001, ch. 277, § 1; 2001, ch. 279, § 1; 2009, ch. 245, § 1.

Cross references. — For court of appeals fees and costs, see 34-5-6 NMSA 1978.

For free civil or criminal process for indigents, see 34-6-27, 39-3-12 NMSA 1978.

For the court automation fund, see 34-9-10 NMSA 1978.

For court fee deposited to domestic violence offender treatment fund, see 34-15-1 NMSA 1978.

For civil legal services fund, see 34-14-1 NMSA 1978.

For penalty for public officer demanding illegal fees, see 30-23-1 NMSA 1978.

For domestic violence offender treatment fund, see 31-12-12 NMSA 1978.

For court fee deposited to domestic violence offender treatment fund, see 34-15-1 NMSA 1978.

For docket fee in criminal appeal from magistrate court, see 35-13-2B NMSA 1978.

For costs of criminal processes associated with domestic abuse offenses, see 40-13-3.1 NMSA 1978.

Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-28, 1953 Comp., relating to the transfer of state funds to the county court fund.

The 2009 amendment, effective July 1, 2009, in Subsection A, at the beginning of the sentence, added "Except as provided in Subsection B of this section" and after "a fee of", deleted "one hundred seven dollars ($107), ten dollars ($10.00)" and added "one hundred seventeen dollars ($117), twenty dollars ($20.00)"; and added Subsection B.

2001 amendments. — Identical amendments to this section were enacted by Laws 2001, ch. 277, § 1 and Laws 2001, ch. 279, § 1, both effective July 1, 2001, and both approved April 4, 2001, substituting "one hundred seven dollars ($107)" for "eighty-two dollars ($82.00)" and inserting "and twenty-five dollars ($25.00) of which shall be deposited in the civil legal services fund". This section is set out as amended by Laws 2001, ch. 279, § 1. See 12-1-8 NMSA 1978.

The 1996 amendment, effective May 15, 1996, substituted "eighty-two dollars ($82.00), ten dollars ($10.00) of which shall be deposited in the court automation fund" for "seventy-two dollars ($72.00)" at the end of Subsection A, added Subsection B, and redesignated the remaining subsections accordingly.

The 1992 amendment, effective July 1, 1992, substituted "seventy-two dollars ($72.00)" for "sixty dollars ($60.00)" in Subsection A; and added Subsection C.

The 1989 amendment, effective June 16, 1989, revised Subsection B to add nonprofit corporations formed under the Educational Assistance Act.

Fee must be paid before appeal docketed. — The clerk may not docket a case without payment of the statutory fee on an appeal from a justice of the peace (now magistrate), and it is the appellant's duty to see that the fee is paid and the case docketed. Reece v. Montano, 1943-NMSC-054, 48 N.M. 1, 144 P.2d 461.

Costs may be recovered against state. — The legislature, in this section, gives express authority, without exception, to the recovery of costs against any losing party, including the state. Kirby v. N.M. State Hwy. Dep't, 1982-NMCA-014, 97 N.M. 692, 643 P.2d 256, cert. denied, 98 N.M. 51, 644 P.2d 1040.

Liability for docket fee upon transfer from small claims court. — A party instituting an action or causing it to be docketed in the small claims court (now, metropolitan court) must pay the district court docket fee on transfer to the district court under certain circumstances. 1963 Op. Att'y Gen. No. 63-168 (opinion rendered under former law).

Condemnation actions. — Where a district attorney or assistants have incurred actual expenses while engaged in carrying out their duties in participating in condemnation actions brought by a county to condemn the right-of-way for portions of a new highway, these expenses should be paid out of the court fund of the county seeking to acquire such right-of-way. 1963 Op. Att'y Gen. No. 63-79 (opinion rendered under former law).

Proper fees on appeal. — The total fee to be collected upon docketing a civil appeal in the district court from a magistrate court includes the amount called for in 12-1-9 NMSA 1978. 1970 Op. Att'y Gen. No. 70-65; 1964 Op. Att'y Gen. No. 64-50.

The total fee to be collected by the district court clerk upon docketing a criminal appeal from a magistrate court is set by 35-13-2B NMSA 1978. 1970 Op. Att'y Gen. No. 70-65.

A docket fee is applicable to appeals from the municipal court to the district court only when brought from an action enforcing ordinances under 35-15-1 NMSA 1978 et seq. 1980 Op. Att'y Gen. No. 80-18.