2021 New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts
Article 3 - Magistrate Court; Jurisdiction
Section 35-3-5 - Jurisdiction; venue of actions.

Universal Citation: NM Stat § 35-3-5 (2021)

A. Venue of actions in the magistrate court lies:

(1) in civil actions, in any magistrate district where the plaintiff or defendant resides or may be found or where the cause of action arose; and

(2) in criminal actions, in the magistrate district where the crime is alleged to have been committed.

B. The provisions of Section 35-3-6 or 35-3-7 NMSA 1978, supersede this section whenever they become applicable.

History: 1953 Comp., § 36-3-5, enacted by Laws 1968, ch. 62, § 50.


Repeals. — Laws 1968, ch. 62, § 171, repealed former 36-3-5, 1953 Comp., relating to petition and affidavits for change of venue, effective January 1, 1969.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Justices of the Peace §§ 21, 74.

Construction and effect of statutes providing for jurisdiction of criminal case in either county, where crime is committed partly in one county and partly in another, 30 A.L.R.2d 1265, 73 A.L.R.3d 907, 100 A.L.R.3d 1174, 11 A.L.R.4th 704.

22 C.J.S. Criminal Law § 178; 51 C.J.S. Justices of the Peace § 61.

Disclaimer: These codes may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.