Sheriff to serve and execute process and orders of magistrate [and municipal] courts.

  1. Law
  2. New Mexico Statutes
  3. Counties
  4. County Sheriff
  5. Sheriff to serve and execute process and orders of magistrate [and municipal] courts.

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The sheriff or his deputy shall serve and execute, according to law:

A. all process, writs and orders directed to him by the judges of the magistrate courts; and

B. criminal process directed to him by the municipal judge of any incorporated municipality in the state if the criminal process arises out of a charge of violation of a municipal ordinance prohibiting driving while under the influence of intoxicating liquor or drugs and if the municipal judge from whose court the process has issued has made satisfactory arrangements with the sheriff for payment for the services to be rendered.

History: 1953 Comp., § 15-40-15.1, enacted by Laws 1975, ch. 242, § 1; 1988, ch. 88, § 2.

ANNOTATIONS

Bracketed material. — The bracketed material in the catchline was inserted by the compiler and is not part of the law.

Cross references. — For attendance at trials or hearings before magistrates, see 4-41-16 NMSA 1978.

For reimbursement of peace officers for mileage traveled by privately owned conveyances in serving process, see 4-41-19 NMSA 1978.

For payment of per diem expenses of sheriffs and deputy sheriffs for serving process and other official business, see 4-44-18 NMSA 1978.

For service of summons, complaints, pleadings and other papers in civil actions in magistrate courts, see Rules 2-202 and 2-203 NMRA.

For service of pleadings and summons in criminal actions in magistrate courts, see Rules 6-205 and 6-209 NMRA.

For execution of arrest and search warrants in magistrate courts, see Rules 6-206 and 6-208 NMRA.

Sheriffs may serve warrants in any county. — This section, along with 31-1-4E NMSA 1978, permits sheriffs to serve search warrants, which are included in the term "process," in any county of the state. State v. Gutierrez, 1985-NMCA-034, 102 N.M. 726, 699 P.2d 1078, cert. denied, 102 N.M. 734, 700 P.2d 197.

Liability for wrongful execution of writ. — The facial validity of a writ of restitution protects the executing officers from liability. Runge v. Fox, 1990-NMCA-086, 110 N.M. 447, 796 P.2d 1143.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 70 Am. Jur. 2d Sheriffs, Police, and Constables §§ 61, 62.

80 C.J.S. Sheriffs and Constables §§ 80 to 88.


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