N.M. R. Civ. P. Magist. Ct. 2-101

As amended through May 8, 2024

Rule 2-101 - Scope and title

A.Scope. These rules shall govern the civil procedure in all magistrate courts. These rules shall be subject to the provisions of Rule 23-114 NMRA, the rule governing free process for civil cases.

B.Construction. These rules shall be liberally construed to secure the just, speedy and inexpensive determination of every magistrate court action. They shall not be construed to extend or limit the jurisdiction of any court, or to abridge, enlarge or modify the substantive rights of any litigant.

C.Title. These rules shall be known as the Rules of Civil Procedure for the Magistrate Courts.

D.Citation form. These rules shall be cited by set and rule numbers, as in NMRA, Rule 2 -___.

N.M. R. Civ. P. Magist. Ct. 2-101

As amended, effective 1/1/1987; amended by Supreme Court Order No. 07-8300-040, effective 2/25/2008.

ANNOTATIONS The 2007 amendment, approved by Supreme Court Order No. 07-8300-040, effective February 25, 2008, provided that Rule 2-101 NMRA shall be subject to the provisions of Rule 23-114 NMRA, the rule governing free process for civil cases.

For magistrate court juries and jurors, see Sections 35-8-1 to 35-8-7 NMSA 1978. For attachment in magistrate courts, see Sections 35-9-1 to 35-9-8 NMSA 1978. For forcible entry or unlawful detainer, see Sections 35-10-1 to 35-10-6 NMSA 1978. For replevin, see Sections 35-11-1 to 35-11-3 NMSA 1978. For garnishment, see Sections 35-12-1 to 35-12-19 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. - 20 Am. Jur. 2d Courts § 26. Power of court to adopt general rule requiring pretrial conference as distinguished from exercising its discretion in each case separately, 2 A.L.R.2d 1061. 21 C.J.S. Courts §§ 124 to 134.