Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
A. Except by consent of all parties, no magistrate shall sit in any action in which:
(1) either of the parties is related to him by affinity or consanguinity within the degree of first cousin;
(2) he was counsel for either party in that action; or
(3) he has an interest.
B. Whenever one or more of the conditions of Subsection A exists, or whenever any other reason deemed sufficient by the magistrate exists, the magistrate before whom the action is pending shall recuse himself from sitting in the action by giving notice to all parties. Upon recusal, another magistrate shall be designated to conduct any further proceedings in the action in the same manner as provided in the case of disqualification.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 35. Magistrate and Municipal Courts § 35-3-8. Jurisdiction; recusal - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-35-magistrate-and-municipal-courts/nm-st-sect-35-3-8/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)