Section 34-6-40.1 - Civil action by state; filing fee assessed as costs.

NM Stat § 34-6-40.1 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

In any civil action brought in the district court by the state, its political subdivisions or the nonprofit corporations authorized to be formed under the Educational Assistance Act [Chapter 21, Article 21A NMSA 1978], when judgment or stipulation for payment is rendered in favor of the state, political subdivision or corporation, the filing fee exempt from being paid by the state, political subdivision or corporation pursuant to Section 34-6-40 NMSA 1978 shall be taxed as costs against the nonprevailing party and paid to the district court clerk from the first money paid by the nonprevailing party on the judgement or stipulation for payment.

History: Laws 1981, ch. 307, § 1; 1989, ch. 90, § 2.

The 1989 amendment, effective June 16, 1989, substituted the present provisions for "In any civil action brought by the state or its political subdivisions in the district court when judgment is rendered in favor of the state or political subdivision, the filing fee exempt from being paid by the state or its political subdivision pursuant to section 34-6-40 NMSA 1978 shall be taxed as costs against the nonprevailing party and paid to the district court clerk".