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.
ANNOTATIONSCross 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.