N.M. R. Civ. P. Metro. Ct. 3-602

As amended through November 1, 2024

Rule 3-602 - 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 there shall be collected 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. Metro. Ct. 3-602

As amended, effective 10/1/1996; as amended by Supreme Court Order No. 08-8300-36, effective 12/15/2008.

ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-36, 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, deleted "forthwith" preceding "collected", inserted "non-refundable", and added the language beginning "and, an additional deposit" at the end of the paragraph.

For contributions to magistrate retirement fund from magistrate court fees, see Section 10-12C-11 NMSA 1978. For demand for jury trial in metropolitan court, see Section 34-8A-5 NMSA 1978. For collection of fines, fees or costs in metropolitan court, see Section 34-8A-13 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 magistrate court civil jury fees, see Section 35-8-7 NMSA 1978.