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NEW MEXICO STATUTES AND CODES

Section 35-8-3 - Magistrate jury; selecting and empaneling a jury.

35-8-3. Magistrate jury; selecting and empaneling a jury.

A.     A jury in the magistrate court consists of six jurors with the same qualifications as jurors in the district court.   

B.     The magistrate shall direct the clerk of the district court to draw and assign to that court the number of qualified jurors the magistrate deems necessary for one or more jury panels. Upon the receipt of the direction and in the manner prescribed for the selection of district court jurors, the clerk of the district court shall draw at random from the master jury wheel the number of qualified jurors specified. The names of jurors drawn for magistrate jury service shall be forwarded to the magistrate who shall maintain a record of the names and addresses of the prospective jurors.   

C.     Whenever a jury is required, the magistrate shall order the sheriff or a responsible person to summon the persons named on the jury list to appear at the time and place set for trial of the action. If a jury is left incomplete because of failure to jurors to appear, excused absences or disqualifications, the magistrate shall direct the sheriff to summon others to complete the jury.   

D.     No person may be required to remain as a member of a magistrate jury panel for longer than six months following qualification as a juror in any year unless the panel is engaged in a trial.   

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