New Mexico Statutes

N.M. Stat. § 34-2-5 (2026)

Fees; collection by supreme court clerk.

✓ current as of May 2026

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The clerk of the supreme court shall collect the following fees:

    A. in all cases docketed in the court, except those in which statutory exemption
exists and those in which the court on showing of poverty may, by order, waive the fee,
one hundred twenty-five dollars ($125), twenty-five dollars ($25.00) of which shall be
deposited in the court automation fund and ninety-six dollars ($96.00) of which shall be
deposited in the court facilities fund; provided that in cases in which a motion to docket
and dismiss an appeal is filed for failure to file a statement of the issues, the fee shall be
twenty dollars ($20.00), ten dollars ($10.00) of which shall be deposited in the court
automation fund and ten dollars ($10.00) of which shall be deposited in the court
facilities fund;

   B. for one copy of files or a record, ten cents ($.10) per folio and for additional
copies ordered at the same time five cents ($.05) per folio;

    C. for comparing copies of files or records tendered to him, five cents ($.05) per
folio; and

   D. for each certificate, one dollar ($1.00).

History: Laws 1933, ch. 81, § 1; 1941 Comp., § 16-204; 1953 Comp., § 16-2-4; Laws
1992, ch. 111, § 18; 1996, ch. 41, § 1; 1998 (1st S.S.), ch. 6, § 1; 2003, ch. 38, § 1.

                                      ANNOTATIONS

Cross references. — For the court automation fund, see § 34-9-10 NMSA 1978.

For penalty for public officer's demanding illegal fees, see 30-23-1 NMSA 1978.
For duties of clerk, see 12-310 and 23-102 NMRA.

The 2003 amendment, effective June 20, 2003, in Subsection A deleted "skeleton
transcript may be filed for the purpose of a" following "cases in which a" and substituted
"dismiss an appeal is filed for failure to file a statement of the issues" for "affirm"
following "motion to docket and" near the middle.

The 1998 amendment, effective July 1, 1998, inserted "and ninety-six dollars ($96.00)
of which shall be deposited in the court facilities fund" and "and ten dollars ($10.00) of
which shall be deposited in the court facilities fund" in Subsection A.

The 1996 amendment, effective May 15, 1996, in Subsection A, substituted "one
hundred twenty-five dollars ($125), twenty-five dollars ($25.00) of which shall be
deposited in the court automation fund" for "one hundred dollars ($100)", inserted
"twenty dollars ($20.00)", and added "of which shall be deposited in the court
automation fund" at the end of the subsection.

The 1992 amendment, effective July 1, 1992, added the subsection designations,
substituted "one hundred dollars ($100)" for "$20.00" in Subsection A, and made minor
stylistic changes throughout the section.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Clerks of Courts § 26.

21 C.J.S. Courts § 242 et seq.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 1960–2025 · leading case: Matter of Valdez, 540 P.2d 818 (N.M. 1975).

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Matter of Valdez, 540 P.2d 818 (N.M. 1975). · cites it 4× “This is an appeal from a judgment of the Bernalillo County District Court which resulted in the involuntary civil commitment of defendants, Albert Garcia and George Valdez, pursuant to § 34-2-5, N. M.S.A., (Supp.1973). In June 1959, a jury found George Valdez unable “to…”

Blevins v. Cook, 348 P.2d 742 (N.M. 1960). · cites it 10× “1953, repealed §§ 37-201 to 37-227, inclusive, and section 5 of said Chapter 182, compiled as § 34-2-5, N.M.S.A. 1953, sets forth the judicial procedure to be followed to accomplish involuntary hospitalization of a mentally ill person.”

State v. Sanchez, 457 P.2d 370 (N.M. 1969). · cites it 4× “With these contentions we cannot agree, as the trial court followed explicitly the provisions of § 34-2-5, supra, in committing Sanchez to the Veterans Hospital.”

In Re the Conservatorship & Guardianship of Pulver, 871 P.2d 985 (N.M. Ct. App. 1994). · cites it 2× “The Court reviewed the procedure followed in declaring the father incompetent and found that the procedure “in no way resembles either that for adjudicating ineompetency under § 32-3-1, NMSA 1953, or that providing for hospitalization as provided in § 34-2-5, NMSA 1953.” Id. at…”

State v. Nagel, 535 P.2d 641 (N.M. Ct. App. 1975). “[Emphasis added] What is meant by “a true disease of the mind” and “a considerable period of time”? See § 34-2-1 (A) and § 34-2-5(G), N.M.S.A.1953 (Vol. 5, 1973 Supp.”

State v. Maestas (N.M. 2025). · cites it 2× “(emphasis added)); NMSA 1978, § 34-5- 6(A), (C) (2003) (“The clerk of the court of appeals shall collect the following fees . . . [and] the clerk of the court of appeals shall pay all fees and costs to the state treasurer .”

State v. Maestas (N.M. 2025). · cites it 2× “” (emphasis added)); NMSA 1978, § 34-2-5 (2003) (“The clerk of the statutes as prohibiting fines made payable to third parties would also render statutes such as Section 31-20-6(E) contrary to statute.”

— N.M. Stat. § 34-2-5(G) — 1 case

— N.M. Stat. § 34-2-5(b) — 1 case

Blevins v. Cook, 348 P.2d 742 (N.M. 1960). “1953, repealed §§ 37-201 to 37-227, inclusive, and section 5 of said Chapter 182, compiled as § 34-2-5, N.M.S.A. 1953, sets forth the judicial procedure to be followed to accomplish involuntary hospitalization of a mentally ill person.”

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