Except for contempt of the magistrate court, penalty assessment misdemeanors or offenses that do not prescribe incarceration as a penalty, the right to trial by jury exists in all actions in the magistrate court that are within magistrate trial jurisdiction.
History: 1953 Comp., § 36-10-1, enacted by Laws 1968, ch. 62, § 108; 1975, ch. 242, § 5; 2009, ch. 133, § 1.
Repeals. — Laws 1968, ch. 62, § 171, repealed former 36-10-1, 1953 Comp., relating to right of action of replevin, effective January 1, 1969.
Cross references. — For right to jury trial, see N.M. Const., art. II, § 12.
For rules thereto, see Rules 2-602 to 2-605, Rules 6-505, 6-602, 6-603, 6-605, 6-609 and 6-610 NMRA.
The 2009 amendment, effective April 7, 2009, added "penalty assessment misdemeanors or offenses that do not prescribe incarceration as a penalty".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Jury § 24 et seq.
Constitutional provision prohibiting local or special legislation as applied to statutes relating to juries, 155 A.L.R. 789.
Mandamus or prohibition as remedy to enforce right to jury trial, 41 A.L.R.2d 780.
Indoctrination by court of persons summoned for jury service, 89 A.L.R.2d 197.
Right to trial by jury in criminal prosecution for driving while intoxicated or similar offense, 16 A.L.R.3d 1373.
Issues in garnishment as triable to court or to jury, 19 A.L.R.3d 1393.
50 C.J.S. Juries § 12; 51 C.J.S. Justices of the Peace § 99.
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