New Mexico Court Types

District Courts have general jurisdiction over all civil and criminal cases, but usually only handle cases that are beyond the jurisdiction of other courts.

Criminal cases heard by District Courts include felonies and lesser-included offenses, some misdemeanors and preliminary hearings for all types of criminal cases.

Civil cases heard by District Courts include general civil claims with disputes for more than $10,000, exclusive of interest and costs. District Courts also handle domestic relations, domestic violence, juvenile delinquency, child protection, mental health, administrative agency appeals, disputes over the title or boundary to real estate, naturalization, guardianship, conservatorship, trusts and formal probate proceedings.

Each District Court has a Children's Court division that handle certain types of juvenile cases, including juvenile delinquency, child neglect, child abuse, adoption, and the emancipation of minors. The Children's Court division also has authority to enforce certain Tribal Court orders.

District Courts share original jurisdiction with Probate Courts over all informal probate matters, including the informal appointment of a personal representative and cases where there is no dispute whether a decedent left a valid will. District Courts handle all formal probate cases.

District Courts share jurisdiction over most misdemeanor criminal cases with Magistrate Courts and Metropolitan Courts, as well as Probate Courts if a Probate Court has jurisdiction over misdemeanor criminal cases.

District Courts share jurisdiction over preliminary hearings for all criminal cases with Metropolitan Court and Magistrate Court, as well as Probate Courts if a Probate Court has criminal jurisdiction.

If the competency of a defendant is raised in a criminal case in a Magistrate Court or Probate Court, the case is transferred to District Court. If a Metropolitan Court finds a defendant incompetent to stand trial, the case is transferred to District Court.

Counties of a certain size are required to establish a Metropolitan Court with limited jurisdiction over certain types of civil and criminal cases.

Metropolitan Courts have jurisdiction similar to Magistrate Courts, with some additional jurisdiction over certain types of cases.

Criminal cases heard by Metropolitan Courts include misdemeanors, DWI/DUI, traffic violations, most violations of county and municipal ordinances and preliminary hearings for all types of criminal cases.

Civil cases heard by Metropolitan Courts include most general civil claims for less than $10,000, exclusive of interest and costs, including landlord-tenant disputes, contracts, quasi-contracts and torts.

Metropolitan Courts do not have jurisdiction over certain types of cases, including domestic relations, certain types of civil cases, guardianships, most requests for injunctive relief and disputes over the title or boundary of real estate.

Metropolitan Courts share jurisdiction over preliminary hearings and most misdemeanor criminal cases with District Courts. If a Metropolitan Court finds a defendant incompetent to stand trial, the case is transferred to District Court.

A Metropolitan Court may have jurisdiction over contested cases involving violations of parking or vehicle operation rules for state educational institutions under certain circumstances.

Magistrate Courts have limited jurisdiction over certain types of civil and criminal cases.

Criminal cases heard by Magistrate Courts include preliminary hearings for all types of criminal cases, most misdemeanors, petty misdemeanors and county ordinance violations. Magistrate Courts may handle municipal ordinance violations under some circumstances.

Civil cases heard by Magistrate Courts include most general civil claims for less than $10,000, exclusive of interests and costs.

Magistrate Courts do not have jurisdiction to handle certain types of cases, including domestic relations, certain types of civil cases, guardianships, most requests for injunctive relief and disputes over the title or boundary of real estate.

Magistrate Courts share jurisdiction over most misdemeanor criminal cases with District Courts. If the competency of a defendant is raised in a criminal case in Magistrate Court, the case is transferred to District Court.

Probate Courts have limited jurisdiction over informal probate and informal estate matters. Contested probate and estate matters are heard by District Courts.

Probate Courts share original jurisdiction with District Courts over all informal probate matters, including the informal appointment of a personal representative and cases where there is no dispute whether a decedent left a valid will.

Probate Court have jurisdiction to determine heirship of real property in the informal administration of estates. Probate Courts may have additional jurisdiction to determine heirship of real property in other types of probate cases under some circumstances.

Probate Courts may have jurisdiction over contested civil cases under some circumstances. If civil jurisdiction exists, claims must be within financial limits and jurisdiction is limited to certain types of cases.

Probate Courts do not handle several types of cases, including malicious prosecution, slander, libel, specific performance of contracts for the sale of real estate, possession of land, most disputes involving the title or boundary to real property and requests for injunctive relief.

Probate Courts may exercise some jurisdiction over certain types of criminal cases. Under certain circumstances, Probate Courts share jurisdiction with District Courts, Metropolitan Courts and Magistrate Courts for preliminary hearings in all criminal cases and trials for misdemeanors punishable only by certain amounts of fines.

Municipal Courts have limited jurisdiction over all violations of municipal ordinances, including driving under the influence of intoxicating liquor or drugs.

Municipal Courts do not offer jury trials, and cases with a right to a jury trial will be transferred to another court if a proper request is made.

A Municipal Court may handle contested cases involving violations of campus traffic regulations.

In addition to the state trial court system, New Mexico has an independent Tribal Court system.