New Mexico § 35-3-10 Jurisdiction; failure to exercise; unlawful exercise; remedy

New Mexico Statutes

§ 35-3-10 — Jurisdiction; failure to exercise; unlawful exercise; remedy

New Mexico § 35-3-10

Ch. 35Magistrate and Municipal Courts

Art. 3Magistrate Court; Jurisdiction

This text of New Mexico § 35-3-10 (Jurisdiction; failure to exercise; unlawful exercise; remedy) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 35-3-10 (2026).

Text

If a magistrate before whom an action is pending is for any reason unable, unavailable or unwilling to preside in an action, or fails to recognize a properly filed statement of disqualification or fails to recognize grounds for refusal [recusal], any party may proceed in the manner specified by the Rules of Civil Procedure or the Rules of Criminal Procedure for the Magistrate Courts. The district court of the county in which the action is pending shall thereafter take action as provided in those rules.

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If a magistrate before whom an action is pending is for any reason unable, unavailable or unwilling to preside in an action, or fails to recognize a properly filed statement of disqualification or fails to recognize grounds for refusal [recusal], any party may proceed in the manner specified by the Rules of Civil Procedure or the Rules of Criminal Procedure for the Magistrate Courts. The district court of the county in which the action is pending shall thereafter take action as provided in those rules.