Except for contempt of the magistrate court, penalty assessment misdemeanors or offenses that do not prescribe incarceration as a penalty, the right to trial by jury exists in all actions in the magistrate court that are within magistrate trial jurisdiction.
History: 1953 Comp., § 36-10-1, enacted by Laws 1968, ch. 62, § 108; 1975, ch. 242, § 5; 2009, ch. 133, § 1.
Repeals. — Laws 1968, ch. 62, § 171, repealed former 36-10-1, 1953 Comp., relating to right of action of replevin, effective January 1, 1969.
Cross references. — For right to jury trial, see N.M. Const., art. II, § 12.
For rules thereto, see Rules 2-602 to 2-605, Rules 6-505, 6-602, 6-603, 6-605, 6-609 and 6-610 NMRA.
The 2009 amendment, effective April 7, 2009, added "penalty assessment misdemeanors or offenses that do not prescribe incarceration as a penalty".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Jury § 24 et seq.
Constitutional provision prohibiting local or special legislation as applied to statutes relating to juries, 155 A.L.R. 789.
Mandamus or prohibition as remedy to enforce right to jury trial, 41 A.L.R.2d 780.
Indoctrination by court of persons summoned for jury service, 89 A.L.R.2d 197.
Right to trial by jury in criminal prosecution for driving while intoxicated or similar offense, 16 A.L.R.3d 1373.
Issues in garnishment as triable to court or to jury, 19 A.L.R.3d 1393.
50 C.J.S. Juries § 12; 51 C.J.S. Justices of the Peace § 99.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
