If a magistrate before whom an action is pending is for any reason unable, unavailable or unwilling to preside in an action, or fails to recognize a properly filed statement of disqualification or fails to recognize grounds for refusal [recusal], any party may proceed in the manner specified by the Rules of Civil Procedure or the Rules of Criminal Procedure for the Magistrate Courts. The district court of the county in which the action is pending shall thereafter take action as provided in those rules.
History: 1953 Comp., § 36-3-10, enacted by Laws 1975, ch. 242, § 2.
ANNOTATIONSRepeals. — Laws 1968, ch. 62, § 171, repealed former 36-3-10, 1953 Comp., relating to transmittal of papers in justice courts.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For Rules of Civil Procedure for the Magistrate Court, see Rule 2-101 NMRA et seq.
For Rules of Criminal Procedure for the Magistrate Courts, see Rule 6-101 NMRA et seq.