A. If the plaintiff prevails in a civil action in the magistrate court, the amount of costs collected by the magistrate in the action shall be added to the judgment entered against the defendant. Fees actually paid by the prevailing party in a civil action in the magistrate court for service of the complaint and summons and for service of subpoenas shall be taxed against the losing party. Witness fees as provided by law for proceedings in the district courts shall be taxed against the losing party in the action, subject to the limitations of the Rules of Civil Procedure for the Magistrate Courts.

B. As used in this subsection, "convicted" means the defendant has been found guilty of a criminal charge by the magistrate, either after trial, a plea of guilty or a plea of nolo contendere. If the defendant is convicted in any criminal action in the magistrate court, the magistrate shall attempt to collect from the defendant the docket fee and other fees established by law as costs in criminal actions. If the defendant chooses not to contest a penalty assessment misdemeanor pursuant to Section 66-8-116 NMSA 1978, the magistrate shall not collect the docket fee, but shall collect other costs as provided in Section 35-6-1 NMSA 1978. Any costs so collected from the defendant shall be paid by the magistrate to the administrative office of the courts, except that, if the complaining witness in the action paid such costs upon filing the complaint in the action, the magistrate shall refund the costs paid by the complaining witness.

History: 1953 Comp., § 36-8-4, enacted by Laws 1968, ch. 62, § 95; 1975, ch. 242, § 4; 1981, ch. 272, § 1; Laws 1983, ch. 134, § 3; 1988, ch. 121, § 3.

Repeals. — Laws 1968, ch. 62, § 171, repealed former 36-8-4, 1953 Comp., relating to controverting exemption affidavit, stay of execution or process, effective January 1, 1969.

Cross references. — For per diem and mileage of witnesses, see 38-6-4 NMSA 1978.

For Rules of Civil Procedure for the Magistrate Courts, see Rule 2-101 NMRA et seq.

The 1988 amendment, effective March 8, 1988, in Subsection B, added the present first sentence and rewrote the former first and second sentences so as to constitute the present second and third sentences.

Effect of suspension or waiver of costs. — Since it is mandatory to assess and attempt to collect costs in criminal trials, the suspension or waiver of those costs must be regarded as an act of misfeasance on the part of the magistrate. 1969 Op. Att'y Gen. No. 69-84.

Coverage of magistrate's bond. — The proper assessment and collection of costs are among those duties the performance of which is intended to be insured by the magistrate's bond. 1969 Op. Att'y Gen. No. 69-84.

Magistrates are personally liable for trial costs, where the assessment of such costs is required by statute. 1969 Op. Att'y Gen. No. 69-84.

Magistrates are without authority to suspend costs after a conviction, regardless of the court's action in suspending or deferring sentence. 1969 Op. Att'y Gen. No. 69-84.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Justices of the Peace § 2 et seq.

51 C.J.S. Justices of the Peace §§ 16, 17, 93, 125(10), 125(13).