N.M. R. Civ. P. Magist. Ct. 2-602

As amended through November 1, 2024
Rule 2-602 - Jury trial
A.Right preserved. The right of trial by jury exists as provided by law.
B.Demand. Either party to an action may demand trial by jury. The demand shall be made in the complaint if made by the plaintiff and in the answer if made by the defendant, and the magistrate shall collect from the demanding party the non-refundable jury fee established by law and, an additional deposit of seventy-five dollars ($75.00) to be used for payment of the actual costs of empaneling the jury, which fee shall be refundable all or in part.
C.Waiver. If demand is not made as provided in Paragraph B of this rule, or if the jury fee is not paid at the time demand is made, trial by jury is deemed waived.

N.M. R. Civ. P. Magist. Ct. 2-602

As amended, effective 10/1/1996; as amended by Supreme Court Order No. 08-8300-35, effective 12/15/2008.

ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-35, effective December 15, 2008, in Paragraph B, increased the amount of the jury fee from $50.00 to $75.00. The 1996 amendment, effective October 1, 1996, in Paragraph B, inserted "non-refundable" and added the language beginning "and, an additional deposit" at the end of the paragraph.

For constitutional provision as to trial by jury, see N.M. Const., art. II, § 12. For contributions to magistrate or metropolitan retirement fund from magistrate court fees, see Section 10-12C-11 NMSA 1978. For jury and witness fee fund, see Section 34-9-11 NMSA 1978. For magistrate court costs, schedule, and definition of "convicted", see Section 35-6-1 NMSA 1978. For magistrate court costs, witness fees and reimbursement, see Section 35-6-4 NMSA 1978. For right to jury trials in magistrate courts, see Section 35-8-1 NMSA 1978. For demand for jury trial in magistrate court, see Section 35-8-2 NMSA 1978. For magistrate court civil jury fees, see Section 35-8-7 NMSA 1978. For mileage and compensation for jurors, see Section 38-5-15 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. - 47 Am. Jur. 2d Jury §§ 28, 96 et seq. Right to jury trial in proceeding for removal of public officer, 3 A.L.R. 232, 8 A.L.R. 1476. Statute providing for revocation of license of physician, surgeon or dentist, as denial of right to trial by jury, 5 A.L.R. 94, 79 A.L.R. 323. Request by both parties for directed verdict as waiver of submission to jury, 18 A.L.R. 1433, 68 A.L.R.2d 300. Attorney's right to trial where he is charged with failure to turn over money or property to client, 22 A.L.R. 1501. Statutes giving right to jury trial in contempt proceedings for violating injunction in industrial disputes, 27 A.L.R. 411, 35 A.L.R. 460, 97 A.L.R. 1333, 106 A.L.R. 361, 120 A.L.R. 316, 124 A.L.R. 751, 127 A.L.R. 868, 150 A.L.R. 819. Reduction or increase of verdict, by court, without giving party affected option to submit to new trial, 53 A.L.R. 779, 95 A.L.R. 1163. Equity jurisdiction to cancel insurance policy upon ground within incontestable clause prior to termination of period, as depriving beneficiary of right to jury trial, 73 A.L.R. 1529, 111 A.L.R. 1275. Constitutionality, construction and effect of statute providing for jury trial in disbarment proceedings, 78 A.L.R. 1323. Statute in relation to subject matter or form of instructions by court as impairing constitutional right to jury trial, 80 A.L.R. 906. Declaratory judgment action as infringement of right to jury trial, 87 A.L.R. 1205. Statute prohibiting new trial on ground of inadequacy of damages, 88 A.L.R. 943. Determination of facts involved in original quo warranto proceedings in appellate court, 98 A.L.R. 237. Waiver of right to jury trial as operative after expiration of term during which it was made, or as regards subsequent trial, 106 A.L.R. 203. Statute providing supplementary proceedings for an infringement of right to jury trial, 106 A.L.R. 383. Validity and effect of plan or practice of consulting preferences of persons eligible for jury service as regards periods or times of service or character of actions, 112 A.L.R. 995. Right to jury trial of issues as to personal judgment for deficiency in suit to foreclose mortgage, 112 A.L.R. 1492. Right to jury trial in suit to remove cloud, quiet title or determine adverse claims, 117 A.L.R. 9 Right of defendant to waive right of trial by jury where he is not represented by counsel, 143 A.L.R. 445. Nature and effect of jury's verdict in equity, 156 A.L.R. 1147. Right to jury trial in action concerning failure of purchaser to remove timber within time fixed by timber contract, 164 A.L.R. 423. Right to jury trial as to fact essential to action or defense but not involving merits thereof, 170 A.L.R. 383. Jury trial in action for declaratory relief, 13 A.L.R.2d 777, 33 A.L.R.4th 146. Right to notice and hearing before revocation of suspension of sentence, parole, conditional pardon, or probation, 29 A.L.R.2d 1074. Re-employment of discharged serviceman, 29 A.L.R.2d 1279, 9 A.L.R. Fed. 225, 83 A.L.R. Fed. 908. Constitutional right to jury trial in proceeding for adjudication of incompetency or insanity or for restoration, 33 A.L.R.2d 1145. Mandamus or prohibition as remedy to enforce right to jury trial, 41 A.L.R.2d 780. Withdrawal or disregard of waiver of jury trial in civil action, 64 A.L.R.2d 506, 9 A.L.R.4th 1041. Waiving submission of fact questions to jury, request by each party for directed verdict as, 68 A.L.R.2d 300. Indoctrination by court for persons summoned for jury service, 89 A.L.R.2d 197. Rule or statute requiring opposing party's consent to withdrawal of demand for jury trial, 90 A.L.R.2d 1162. Sufficiency of waiver of full jury, 93 A.L.R.2d 410. Right to jury trial in juvenile court delinquency proceedings, 100 A.L.R.2d 1241. How to obtain jury trial in eminent domain, waiver, 12 A.L.R.3d 7. Right in equity suit to jury trial of counterclaim involving legal issue, 17 A.L.R.3d 1321. Issues in garnishment as triable to court or to jury, 19 A.L.R.3d 1393. Statute reducing number of jurors as violative of right to trial by jury, 47 A.L.R.3d 895. Authority of state court to order jury trial in civil case where jury has been waived or not demanded by parties, 9 A.L.R.4th 1041. Validity of law or rule requiring state court party who requests jury trial in civil case to pay costs associated with jury, 68 A.L.R.4th 343. Contractual jury trial waivers in state civil cases, 42 A.L.R.5th 53. What is "cause" justifying discharge from employment of veteran reemployed under § 9 of the Military Selective Service Act of 1967, 9 A.L.R. Fed. 225. 50A C.J.S. Juries §§ 8, 10, 12, 14, 17, 28 to 30, 182 to 222.