What are New Mexico Court Records?

Docket Sheet

A summary document that lists the parties involved, attorneys of record, the presiding judge, and a chronological log of all filings, motions, hearings, and court orders in the case.

Judgments and Orders

These are decisions issued by the court. A final judgment outlines the outcome of the case, including the prevailing party and any penalties, remedies, or directives that the judge has ordered.

Transcripts

Transcripts are word-for-word records of court proceedings, capturing all spoken statements and identifying speakers during hearings or trials. In New Mexico, transcripts are not automatically produced and must be explicitly requested, typically through the court reporter or the clerk of court. They are often used in appeals, post-conviction relief efforts, or as documentation for motions.

Evidence

This includes physical and documentary materials submitted during the trial, such as police reports, photos, or written records, introduced by either the prosecution or the defense.

Court Minutes

A brief summary of events during a court session, including start and end times, appearances, statements, testimony, and motions addressed during the hearing.

Pleadings

Formal written statements that present each party's claims, defenses, and legal arguments. These include complaints, answers, counterclaims, motions, and responses.

Briefs

Legal arguments submitted by attorneys to support a party's position. Briefs often cite legal precedents and statutes to persuade the court to rule in their favor.

Civil Cases

Civil cases involve legal disputes between individuals, businesses, or organizations where the government is not a party. These cases typically aim to resolve private conflicts and provide remedies such as monetary compensation or equitable relief rather than to punish wrongdoing.

In New Mexico civil cases, legal representation is not guaranteed. Parties may hire attorneys or represent themselves (pro se). The burden of proof in civil cases is the preponderance of the evidence, meaning the plaintiff must show that their claims are more likely true than not.

Common types of civil cases in New Mexico include:

• Family Law: Divorce, child custody, child support, visitation, and adoption matters.
• Property Disputes: Boundary disagreements, landlord-tenant conflicts, real estate claims, and zoning issues.
• Contracts and Torts: Breach of contract claims, personal injury (such as car accidents), defamation, and negligence cases.
• Probate and Estate Matters: Wills, estate administration, guardianships, and conservatorships are handled primarily in county probate courts.
• Bankruptcy Filings: Proceedings concerning the financial reorganization or discharge of debts.

Since civil cases do not involve the government prosecuting a defendant, they cannot result in imprisonment. Remedies generally involve monetary damages, injunctions, or other equitable relief.

Criminal Cases

Criminal cases in New Mexico are prosecuted by the state against individuals or entities accused of violating criminal laws. These prosecutions are brought in the name of The People of New Mexico to uphold public safety, enforce laws, and deter crime.

The government is represented by district attorneys or county prosecutors, depending on the jurisdiction. Criminal convictions can lead to serious consequences, including incarceration in state or county facilities, fines, probation, or restrictions on civil rights, such as firearm possession. Therefore, the law mandates that the prosecution must meet a high standard of proof.

To convict a defendant in a New Mexico criminal court, the State must prove guilt beyond a reasonable doubt. Additionally, a unanimous jury verdict is required in felony trials. If jurors cannot reach a consensus, the judge may declare a mistrial, potentially resulting in a retrial.

Common types of criminal cases in New Mexico include:

• Homicide: Murder, manslaughter, and negligent homicide.
• Domestic Violence: Assault and related offenses within domestic or family relationships.
• Burglary and Property Crimes: Breaking and entering, theft, vandalism.
• Drug Offenses: Possession, distribution, and manufacturing of controlled substances.
• DUI and Traffic Offenses: Driving under the influence, reckless driving, and other violations.

State Supreme Court

The New Mexico Supreme Court is the highest in the state and serves as the court of last resort. It has mandatory jurisdiction over direct appeals in cases involving life sentences and writs of habeas corpus. The court also hears direct appeals in capital criminal cases, decisions of the Public Regulation Commission, and election challenges.

In addition, the Supreme Court has discretionary jurisdiction to grant or deny petitions for writs of habeas corpus, certiorari, and other extraordinary writs. It may also consider certified questions from the New Mexico Court of Appeals or federal courts, though it is not required to do so.

Justices are appointed through a merit-based selection process managed by the Judicial Nominating Commission. The commission reviews applications and submits a shortlist to the governor, who appoints one of the candidates. After serving one year, the appointed justice must stand for a retention election. If retained, justices serve an eight-year term and must face retention elections at the end of each term.

Beyond its appellate responsibilities, the Supreme Court also oversees the administration of the state's judicial system. This includes adopting procedural rules, regulating attorney licensing and discipline, and managing the judiciary's budget.

Court of Appeals

The New Mexico Court of Appeals is the state's intermediate appellate court. It has mandatory jurisdiction over appeals in civil cases, non-capital criminal cases, and juvenile matters. The court also has discretionary jurisdiction to hear appeals from interlocutory (preliminary) decisions and administrative agency rulings. The court consists of ten judges, led by a Chief Judge selected by the judges every two years. The ten judges sit in panels of three on all appellate cases.

District Courts

New Mexico's District Courts are courts of general jurisdiction, handling a broad range of cases, including both civil and criminal matters. The state is divided into 13 judicial districts, with approximately 102 judges presiding.

District Courts have the authority to conduct jury trials and hear cases involving:

• Civil matters, including torts, contracts, real property disputes, and personal injury litigation
• Domestic relations, such as divorce, child custody, child support enforcement, and other family law matters
• Appeals from administrative agencies and lower courts, like magistrates and municipal courts
• Miscellaneous civil jurisdiction not specifically assigned to another court
• Adult and juvenile criminal cases
• Certain criminal appeals, where they have exclusive jurisdiction

Bernalillo County Metropolitan Court

This court is a unique hybrid court with limited jurisdiction, located in the most populous county. It handles:

• Misdemeanors
• Traffic violations, including DWI/DUI
• Civil cases involving claims under $10,000
• Preliminary hearings for felony cases

This court operates similarly to a magistrate court but serves only Bernalillo County and has some expanded responsibilities. It conducts jury trials in qualifying cases.

Magistrate Courts

Magistrate Courts are courts of limited jurisdiction located throughout the state. There are 46 magistrate courts with 67 judges. These courts handle:

• Civil actions where the amount in controversy does not exceed $10,000, including tort, contract, and landlord/tenant disputes
• Preliminary hearings in felony criminal cases to determine probable cause
• Misdemeanors, such as petty theft, simple assault, and disorderly conduct
• DWI/DUI cases and other traffic violations

These courts conduct jury trials in eligible cases.

Municipal Courts

Municipal Courts are also courts of limited jurisdiction, but they handle only violations of municipal ordinances within their respective city limits. There are 81 municipal courts across the state, with 83 judges.

Municipal Courts have jurisdiction over:

• Petty misdemeanors under municipal codes
• DWI/DUI offenses, if charged under a city ordinance
• Traffic violations
• Local ordinance violations, such as noise complaints, curfew infractions, or local licensing issues

These courts do not conduct jury trials; all cases are decided by a judge.