New Mexico
I rented in another nearby county and now must take my landlord to court. I moved to the county next door, and per the Metro Court can file a civil complaint with them if I live in their county, and I do.
I filed a Motion to Dismiss in the Magistrate Court where I had rented because both judges filed recusals, and I refused a judge from another 1 horse town county. Ok, so I re-filed in Albuquerque Metro Court... they knew the logistics and said I could.
Well, the defendants (landlord) lawyer file a Motion to Dismiss in Metro for lack of Jurisdiction & Venue.
I was offered the following statutes by a legal service however it's up to me to figure it out. I think I am ok, however not sure. If anyone would like to assist w/ opinions or facts that would be great!!
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FROM LEGAL SERVICE...
.. The jurisdiciton of metro court is found at 34-8A-3 New Mexico Statutes Annotated and is tied, as the statute states, to 35-3-3 New Mexico Statutes Annotated, jurisdiction of magistrate courts. If indeed metro court dismisses your case you can refile in magistriate court as you dismissed your complaint without prejudice.
STATUTES...
34 8A 3. Metropolitan court; jurisdiction. (2001)
Statute text
A. In addition to the jurisdiction provided by law for magistrate courts, a metropolitan court shall have jurisdiction within the county boundaries over all:
(1) offenses and complaints pursuant to ordinances of the county and of a municipality located within the county in which the court is located except municipalities with a population of more than two thousand five hundred but less than five thousand persons in the 1980 federal decennial census; provided that the metropolitan court shall not have jurisdiction over uncontested municipal parking violations;
(2) civil actions in which the debt or sum claimed does not exceed ten thousand dollars ($10,000), exclusive of interest and costs; and
(3) contested violations of parking or operation of vehicle rules promulgated by a board of regents of a state educational institution designated in Article 12, Section 11 of the constitution of New Mexico located within the county in which the court is located.
B. For the purposes of this section, "uncontested violation" is a violation for which a citation has been issued and the person has paid the citation by mail or in person to the appropriate issuing authority; and "contested violation" is a violation for which a citation has been issued and the person has indicated his intent to contest the citation or the person has not paid or answered the citation.
C. The issuing authority shall provide to the metropolitan court on a mutually agreed schedule the unpaid citations and a listing in a manner mutually agreed upon of unpaid citations.
D. The municipality shall retain as reimbursement for its expenses all revenues from uncontested municipal parking violations.
History
History: Laws 1979, ch. 346, § 3; 1980, ch. 142, § 2; 1981, ch. 304, § 2; 1985, ch. 128, § 1; 1987, ch. 111, § 2; 1999, ch. 104, § 1; 2001, ch. 77, § 1.
Annotations
Cross references. — For domestic violence offender treatment fund, see 31 12 12 NMSA 1978.
For costs of criminal processes associated with domestic abuse offenses, see 40 13 3.1 NMSA 1978.
The 1999 amendment, effective, July 1, 1999, substituted "seven thousand five hundred dollars ($7,500)" for "five thousand dollars ($5,000)" in Paragraph A(2).
The 2001 amendment, effective July 1, 2001, substituted "ten thousand dollars ($10,000)" for "seven thousand five hundred dollars ($7,500)" in Paragraph A(2); and substituted "rules" for "regulations" in Paragraph A(3).
Temporary provisions. — Laws 1980, ch. 142, § 7, provides that this section, 34 8A 4A and 35 14 1 NMSA 1978 shall not be applicable to municipalities having a population of less than 5,000 persons, until the terms of the current municipal judges end and, at that time, the metropolitan court shall have jurisdiction over offenses of those municipalities or until such time as the governing bodies of those municipalities inform them that by resolution of the governing body the municipal courts in those jurisdictions are no longer in operation, whichever is earlier.
ANNOTATIONS
Service of writ of execution. — A writ of execution on a judgment of the former small claims court may be served outside of the county where the court is created. 1963 64 Op. Att'y Gen. No. 63 18 (opinion rendered under former law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Small claims: jurisdictional limits as binding on appellate court, 67 A.L.R.4th 1117.
35 3 3. Jurisdiction; civil actions. (2001)
Statute text
A. Magistrates have jurisdiction in civil actions in which the debt or sum claimed does not exceed ten thousand dollars ($10,000), exclusive of interest and costs.
B. Except as provided in Subsection C of this section, civil jurisdiction extends to actions in contract, quasi contract and tort and where expressly conferred by law.
C. A magistrate has no jurisdiction in a civil action:
(1) for malicious prosecution, libel or slander;
(2) against public officers for misconduct in office;
(3) for specific performance of contracts for the sale of real property;
(4) in which the title or boundaries of land may be in dispute or drawn into question;
(5) affecting domestic relations, including divorce, annulment or separation or custody, support, guardianship, adoption or dependency of children;
(6) to grant writs of injunction, habeas corpus or extraordinary writs; or
(7) where jurisdiction is vested exclusively in another court.
History
History: 1953 Comp., § 36 3 3, enacted by Laws 1968, ch. 62, § 48; 1973, ch. 206, § 1; 1989, ch. 65, § 1; 1999, ch. 104, § 2; 2001, ch. 77, § 2.
Annotations
Cross references. — For jurisdiction of magistrate court, see Rule 2 201B NMRA.
The 1989 amendment, effective June 16, 1989, substituted "five thousand dollars ($5,000)" for "two thousand dollars ($2,000)" in Subsection A, and inserted "of this section" in Subsection B.
The 1999 amendment, effective July 1, 1999, substituted "seven thousand five hundred dollars ($7,500)" for "five thousand dollars ($5,000)" in Subsection A.
The 2001 amendment, effective July 1, 2001, substituted "ten thousand dollars ($10,000)" for "seven thousand five hundred dollars ($7,500)" in Subsection A.
Compiler's notes. — Laws 1968, ch. 62, § 171, repealed former 36 3 3, 1953 Comp., relating to venue in civil suits, effective January 1, 1969.
ANNOTATION
Some of the following annotations are taken from cases and opinions decided and rendered under former law.
No jurisdiction where land title or boundary dispute. — Justices of the peace (now magistrates) have no jurisdiction of any matter in controversy when title or boundaries of land are in dispute. Tapia v. Martinez, 4 N.M. (Gild.) 329, 16 P. 272 (1888).
Exception to bar of jurisdiction. — Where the title to real estate is drawn in question indirectly or incidentally, statutory and constitutional provisions are not violated. Brown v. Bigham, 65 N.M. 45, 331 P.2d 1106 (1958).
Test of exception. — Where the statute gives a justice of the peace (now magistrate) jurisdiction, courts are powerless to impose limitations on such jurisdiction by construction. The fact that title to land may be incidentally involved does not oust a justice of the peace (now magistrate) of jurisdiction. Unless otherwise provided by statute, the test as to whether title is so directly involved as to deprive a justice of the peace (now magistrate) of jurisdiction is whether the issues to be litigated demand a judgment affecting title. Where the issues demand a judgment for the recovery of money only, title is not directly involved. State v. Brown, 72 N.M. 274, 383 P.2d 243 (1963).
Effect on garnishment of rent. — Question of title to land raised only indirectly does not divest justice of peace (now magistrate) of jurisdiction. In garnishment proceeding in which debtor's wife claimed the money deposited in garnishee bank as her own as the rent of her property, the title to land was not involved. Wood Garage v. Jasper, 41 N.M. 289, 67 P.2d 1000 (1937).
Garnishment in district and magistrate courts. — Since garnishment is both a special proceeding, and a remedial writ, ancillary to the main action, district courts have jurisdiction to issue writs of garnishment in the exercise of their jurisdiction in the main action only to the extent that jurisdiction over such special proceedings as garnishment is conferred by law. Therefore, a district court does not have jurisdiction to issue a writ of garnishment where the amount in question is not in excess of the jurisdictional amount of magistrate courts having venue within the county. Postal Fin. Co. v. Sisneros, 84 N.M. 724, 507 P.2d 785 (1973).
Injunction. — Metropolitan Court has jurisdiction under the Mobile Home Part Act to issue injunctions. Martinez v. Sedillo, 2005 NMCA 029, 137 N.M. 103, 107 P.3d 543.
Jurisdiction on Sundays. — Judicial proceedings other than purely formal acts are void if performed on Sunday. Thus, misdemeanor cases cannot be tried, nor fines imposed, on Sunday. 1961 62 Op. Att'y Gen. No. 61 5.
Effect on jurisdiction where penalty exceeds limit. — Where the maximum penalty which may be imposed exceeds the jurisdictional limits of the authority of a magistrate, the court thereby loses jurisdiction to try the person accused. To do otherwise would be to lessen the penalties which the legislature has deemed assessable for the named offense. 1959 60 Op. Att'y Gen. No. 60 188.
Magistrate's monetary jurisdiction limits restitution. — The amount of compelled or agreed restitution in cases involving the Criminal Code or the Motor Vehicle Code is limited by the magistrate's monetary jurisdiction. 1979 Op. Att'y Gen. No. 79 18.
Law reviews. — For article, "Attachment in New Mexico Part II," see 2 Nat. Resources J. 75 (1962).
For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Justices of the Peace § 17 et seq.
When title to real property deemed involved within contemplation of statute providing that justice of the peace (now magistrate) shall not have jurisdiction of matters relating to title to land, 115 A.L.R. 504.
Small claims: jurisdictional limits as binding on appellate court, 67 A.L.R.4th 1117.
51 C.J.S. Justices of the Peace §§ 1, 26 to 52.
AND...FROM NM "Uniform Owner-Resident Relations Act". Chap. 47, Art. 8, §47-8-1.
Judicial jurisdiction.
A. The district or magistrate court of this state may exercise jurisdiction over any person with respect to any conduct in this state governed by the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] or with respect to any claim arising from a transaction subject to this act for a dwelling unit located within its jurisdictional boundaries. In addition to any other method provided by
rule or by statute, personal jurisdiction over a person may be acquired in a civil action or proceeding instituted in the district or magistrate court by the service of process in the manner provided by this section.
B. If a person is not a resident of this state or is a corporation not authorized to do business in this state and engages in any conduct in this state governed by the Uniform Owner-Resident Relations Act, or engages in a transaction subject to this act, he may designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a corporation authorized to do
business in this state. The designation shall be in writing and shall be filed with the secretary of state. If no designation is made and filed or if process cannot be served in this state upon the designated agent, process may be served upon the secretary of state, but service upon him is not effective unless the plaintiff or petitioner immediately mails a copy of the process and pleading by registered or certified mail to the defendant or respondent at his last reasonably ascertainable address. An affidavit of compliance with this section shall be filed with the clerk
of the court on or before the return day of the process, if any, or within any further time the court allows. Title 47, Art. 8, §47-8-10.
THE END! ;-)

