New Mexico Statutes

N.M. Stat. § 39-2-11 (2026)

[Bill of costs to be collected after issuance of execution.]

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When final judgment or decree shall be rendered in any cause, and execution shall be issued thereon, the clerk shall make a complete copy of all the costs taxed against the defendant in execution, under his hand and the seal of the court, together with a certificate that the said bill of costs is correct. The said bill of costs shall be delivered to the officer to whom the execution shall be directed for execution, and when the writ shall be served, the officer shall deliver the said bill of costs to the defendant in execution, and shall receipt the same when paid, and the said clerk shall be entitled to fifty cents [($.50)] for such copy, to be paid as other costs.

History: Laws 1858-1859, p. 32; C.L. 1865, ch. 46, § 18; C.L. 1884, § 2211; C.L. 1897, § 3157; Code 1915, § 4288; C.S. 1929, § 105-1307; 1941 Comp., § 29-110; 1953 Comp., § 25-1-10.

ANNOTATIONS

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Costs should be taxed before transcript is prepared and filed in the supreme court. Daily v. Fitzgerald, 1913-NMSC-001, 17 N.M. 159, 130 P. 247.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 20 Am. Jur. 2d Costs § 96.

Notes of Decisions
Cited in 5 cases, 1969–1972 · leading case: Tafoya v. New Mexico State Police Bd., 472 P.2d 973 (N.M. 1970).
Tafoya v. New Mexico State Police Bd., 472 P.2d 973 (N.M. 1970). · cites it 9× “In September, 1968, the Captain petitioned the District Court of Santa Fe County for a writ of mandamus directing the appellees to restore him to his position, to refrain from terminating him except as provided by § 39-2-11, N.M.S.A.1953, and to pay him all salary due from July…”
Winston v. New Mexico State Police Bd., 454 P.2d 967 (N.M. 1969). “In this regard, § 39-2-11, N.M.S.A. 1953, provides for disciplinary proceedings and specifically: “No member of the state police holding a permanent commission, other than the chief, shall be removed from office, demoted, or suspended except for incompetence, neglect of duty,…”
Otero v. New Mexico State Police Bd., 495 P.2d 374 (N.M. 1972). “In compliance 'with § 39-2-11, N.M.S.A., 1953 Comp. .(1971 Supp.”
Wimberly v. New Mexico State Police Bd., 497 P.2d 968 (N.M. 1972). “) § 39-2-11, N.M.S.A. (1953 Comp., 1971 Pocket Supp.”
Budagher v. New Mexico State Police Bd., 487 P.2d 489 (N.M. 1971). “We therefore conclude that appellee’s request for leave of absence which could not be authorized and his physical inability to perform the functions of his job as a senior patrolman, constituted a voluntary resignation, not a termination governed by § 39-2-11, N.M.S.A.1953, as…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.