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NM AT Law study materials
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NM AT Law: Limited Jurisdiction Courts: Magistrate, Metropolitan, Municipal, and Probate

NM AT Law · Work through your exam, one topic at a time.

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Limited Jurisdiction Courts: Magistrate, Metropolitan, Municipal, and Probate

Limited Jurisdiction Courts: Magistrate, Metropolitan, Municipal, and Probate

The exam tests the four limited jurisdiction courts separately: their subject-matter limits, judge terms, and appeal routes. The key is not to blend their jurisdiction.

Core rules

  • Magistrate courts: elected judges serve four-year terms. Civil jurisdiction is limited to $10,000. They handle misdemeanors, petty misdemeanors, DWI, domestic violence, traffic, small claims, and preliminary hearings in felonies. They do not try felonies.
  • Metropolitan courts: the Bernalillo County Metropolitan Court is the main example. It has similar limited jurisdiction, including civil cases up to $10,000, misdemeanors, DWI, and preliminary hearings. Judges are elected for four-year terms.
  • Municipal courts: jurisdiction over municipal ordinance violations, petty misdemeanors, and traffic. They generally have no civil jurisdiction. Judge terms depend on the municipal charter.
  • Probate courts: jurisdiction over wills and administration of estates, typically uncontested matters. Contested probate matters go to district court. Probate judges are elected for four-year terms.
  • Appeals from these limited jurisdiction courts go to the district court; magistrate, municipal, and probate appeals are generally heard de novo.

Worked example

A tenant sues a landlord for $6,000 in damages. The case may be filed in magistrate court because it is within the $10,000 civil limit. If the tenant loses and appeals, the district court hears the case de novo. If the dispute were a will contest, the probate court would not try it; the district court would. If the claim were for violation of a city ordinance, the municipal court would be the proper forum.

Traps

Do not give magistrate courts felony trial jurisdiction. Do not say municipal courts handle state civil claims. Do not let probate courts try contested will contests. Do not confuse the $10,000 limit with district court's unlimited civil jurisdiction. Do not send appeals from these courts to the Court of Appeals.