New Mexico § 35-3-8 Jurisdiction; recusal

New Mexico Statutes

§ 35-3-8 — Jurisdiction; recusal

New Mexico·Ch. 35 Magistrate and Municipal Courts·Art. 3 Magistrate Court; Jurisdiction

A. Except by consent of all parties, no magistrate shall sit in any action in which:

(1)either of the parties is related to him by affinity or consanguinity within the degree of first cousin;

(2)he was counsel for either party in that action; or (3) he has an interest. B. Whenever one or more of the conditions of Subsection A exists, or whenever any other reason deemed sufficient by the magistrate exists, the magistrate before whom the action is pending shall recuse himself from sitting in the action by giving notice to all parties. Upon recusal, another magistrate shall be designated to conduct any further proceedings in the action in the same manner as provided in the case of disqualification.

Free access — add to your briefcase to read the full text and ask questions with AI

A. Except by consent of all parties, no magistrate shall sit in any action in which: (1) either of the parties is related to him by affinity or consanguinity within the degree of first cousin; (2) he was counsel for either party in that action; or (3) he has an interest. B. Whenever one or more of the conditions of Subsection A exists, or whenever any other reason deemed sufficient by the magistrate exists, the magistrate before whom the action is pending shall recuse himself from sitting in the action by giving notice to all parties. Upon recusal, another magistrate shall be designated to conduct any further proceedings in the action in the same manner as provided in the case of disqualification.

New Mexico § 35-3-8 (Jurisdiction; recusal) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.