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§ 35-13-2 NMSA 1978

Appeals; district court proceedings; docket fees; judgment

Applied in 1 court decision — leading case Haar v. Hanrahan (1983)

Most recently applied in Haar v. Hanrahan (June 1983)

1953 Comp., § 36-15-3, enacted by Laws 1975, ch. 242, § 10; 1981, ch. 271, § 1; 1987, ch. 123, § 2; 1996, ch. 41, § 6.

A. Appeals from the magistrate courts shall be tried de novo in the district court.

B. The district court docket fee in any criminal appeal is thirty-five dollars ($35.00), ten dollars ($10.00) of which shall be deposited in the court automation fund.

C. If the judgment of the magistrate court in a criminal action is affirmed or rendered against the appellant on appeal or if the appellant fails to appear at the time fixed for hearing in the district court, the district court shall enter judgment imposing the same, a greater or a lesser penalty as that imposed in the magistrate court in the action.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.