2021 New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts
Article 8 - Magistrate Court; Juries and Jurors
Section 35-8-4 - Magistrate jury; trial.
Juries in the magistrate court shall hear the evidence in the action which shall be delivered in public in its presence. After hearing the evidence and being duly charged by the magistrate, the members of the jury shall be kept together until:
A. in civil actions, five members shall agree upon a verdict;
B. in criminal actions, the members unanimously agree upon a verdict; or
C. the members are discharged by the magistrate. The magistrate shall give judgment upon any verdict.
History: 1953 Comp., § 36-10-4, enacted by Laws 1968, ch. 62, § 111; 1975, ch. 242, § 7.
ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-10-4, 1953 Comp., relating to contents of writ of replevin and obtaining of property, effective January 1, 1969.
Magistrate court has no jurisdiction to set aside a jury verdict. Jaramillo v. O'Toole, 1982-NMSC-011, 97 N.M. 345, 639 P.2d 1199.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 75B Am. Jur. 2d Trial § 1493 et seq.
Separation of jury in criminal case, 21 A.L.R.2d 1088.
Separation or dispersal of jury in civil case after submission, 77 A.L.R.2d 1086.
24B C.J.S. Criminal Law §§ 1382 to 1385; 51 C.J.S. Justices of the Peace § 99.
