1. A. Either party to an action in the magistrate court within magistrate trial jurisdiction may demand trial by jury. Demand shall be made in the manner specified by the Rules of Civil Procedure or the Rules of Criminal Procedure for the Magistrate Courts.
2. B. In civil actions, the magistrate shall collect from the party demanding trial by jury the jury fee established by law, but no jury fee shall be assessed against the state. In criminal actions, the magistrate shall not collect a jury fee. If demand is not made as provided in this section, or if the jury fee in any civil action is not paid at the time demand is made, trial by jury is deemed waived.

History: 1953 Comp., § 36-10-2, enacted by Laws 1968, ch. 62, § 109; 1973, ch. 29, § 1; 1975, ch. 242, § 6.

ANNOTATIONS

Repeals. — Laws 1968, ch. 62, § 171, repealed former 36-10-2, 1953 Comp., relating to commencement of replevin by writ, effective January 1, 1969.

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

For Rules of Criminal Procedure for the Magistrate Courts, see Rule 6-101 NMRA et seq.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Jury § 24 et seq.

Rule or statute requiring opposing party's consent to withdrawal of demand for jury trial, 90 A.L.R.2d 1162.

50 C.J.S. Juries § 12; 51 C.J.S. Justices of the Peace § 99, 110, 235.