§ RULE 2-602. JURY TRIAL

Codes > New Mexico Rules of Civil Procedure for the Magistrate Courts > Article 6 > RULE 2-602.

RULE 2-602. JURY TRIAL

A. Right Preserved. The right of trial by jury exists as provided by law.

B. Demand. Either party to an action may demand trial by jury. The demand shall be made in the complaint if made by the plaintiff and in the answer if made by the defendant, and the magistrate shall collect from the demanding party the non-refundable jury fee established by law and, an additional deposit of seventy-five dollars ($75.00) to be used for payment of the actual costs of empaneling the jury, which fee shall be refundable all or in part.

C. Waiver. If demand is not made as provided in Paragraph B of this rule, or if the jury fee is not paid at the time demand is made, trial by jury is deemed waived.