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2023 New Mexico Statutes
Chapter 35 - Magistrate and Municipal Courts
Article 15 - Violations of Municipal Ordinances
Section 35-15-10 - Trial de novo without jury.
Universal Citation:
NM Stat § 35-15-10 (2023)
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All trials upon appeals by a defendant from the municipal court to the district court for violations of municipal ordinances shall be de novo and shall be tried before the court without a jury.
History: Laws 1919, ch. 112, § 6; C.S. 1929, § 79-527; 1941 Comp., § 39-213; 1953 Comp., § 38-1-13; Laws 1959, ch. 169, § 8.
ANNOTATIONSEffect of trial de novo. — A trial de novo resulting in an acquittal precludes a consideration as to what has gone on before. Therefore, for the purposes of a summary judgment motion, it cannot be said that there is still a finding of probable cause in the municipal court below. Miera v. Waltemeyer, 1982-NMCA-007, 97 N.M. 588, 642 P.2d 191, cert. quashed, 98 N.M. 51, 644 P.2d 1040.
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