N.M. R. Civ. P. Dist. Ct. 1-099

As amended through November 1, 2024

Rule 1-099 - District court civil filing fees

A.Docket fee. Except as provided in Paragraph B or otherwise provided by law, a filing fee shall be collected in civil matters in the amount prescribed by law for the docketing of any cause, whether original or reopened or by appeal or transfer from a court of limited jurisdiction.

B.Exceptions. No docket fee shall be charged:

(1) for filing any paper within ninety (90) days after the final disposition of the case;

(2) if a docket fee has been previously paid or waived in the case, for filing a stipulated order or other request for action which may be performed by the clerk of the court pursuant to these rules, even if further action may be required by the judge;

(3) for the filing of a motion to correct a mistake in the judgment, order or record; or

(4) if a docket fee has been previously paid or waived in the case, for filing a motion to enforce a child support order.

C.Miscellaneous fees. The miscellaneous district court civil filing fees are as follows:

taking an acknowledgment of one person and affixing seal	$1.50
taking acknowledgments of additional persons at same time, each additional person	.75
single copy of records, per typewritten folio	.35
each additional copy of records ordered at same time, per typewritten folio	.35
copies of records reproduced by photographic process, per page	.35
certificate and seal authenticating any paper as true copy	1.50.

N.M. R. Civ. P. Dist. Ct. 1-099

As amended, effective 1/1/1989;4/1/1989;9/27/1999;8/1/2001.

Committee commentary. - If a docket fee has been previously paid or waived, a party may file a stipulated order at any time without paying a filing fee even though the signature of the judge is required. This permits the parties to agree to modifications of court orders such as custody orders.

ANNOTATIONS The 2001 amendment, effective August 1, 2001, added the exception at the beginning of Paragraph A; redesignated former provisions of Paragraph A as present Paragraph B, adding the introductory language, substituting "for filing any paper within ninety (90) days" for "'reopened case' means the filing of any request for judicial action ninety (90) days or more" in Subparagraph (1), substituting "if a docket fee has been previously paid or waived in the case, for filing a stipulated order or other request for action" for "'judicial action' shall not include any request for action by the court" in Subparagraph (2), and substituting the present provisions of Subparagraph (4) for "in a domestic relations proceeding, the filing of a motion to enforce a child support order or any stipulated order"; and redesignated former Paragraph B as Paragraph C. The 1999 amendment, effective September 27, 1999, in Subparagraph A(1) changed the filing of request for judicial action from 60 days to 90 days after the final disposition of the case; and rewrote Subparagraph A(2)(c) which read "the filing of any pleading to enforce a child support order entered in a domestic relations proceeding".

For collection by clerk of the district court of fees for the record, see Section 39-3-25 NMSA 1978.