New Mexico § 35-3-10 - Jurisdiction; failure to exercise; unlawful exercise; remedy

Full text of New Mexico New Mexico Statutes Annotated § 35-3-10 — Jurisdiction; failure to exercise; unlawful exercise; remedy, with citation guidance and answers to common questions.

§ 35-3-10. Jurisdiction; failure to exercise; unlawful exercise; remedy

If a magistrate before whom an action is pending is for any reason unable, unavailable

or unwilling to preside in an action, or fails to recognize a properly filed statement

of disqualification or fails to recognize grounds for refusal [recusal], any party

may proceed in the manner specified by the Rules of Civil Procedure or the Rules of

Criminal Procedure for the Magistrate Courts. The district court of the county in which the action is pending shall thereafter

take action as provided in those rules.

Source: official New Mexico text · Last verified 2026-08-27

Frequently Asked Questions About New Mexico § 35-3-10

What does New Mexico Statutes Annotated § 35-3-10 cover?

Section 35-3-10 ("Jurisdiction; failure to exercise; unlawful exercise; remedy") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Mexico § 35-3-10?

A common citation format is "New Mexico Statutes Annotated § 35-3-10" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Mexico law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.

How does New Mexico § 35-3-10 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.