N.M. Stat. § 35-8-4
Magistrate jury; trial.
Juries in the magistrate court shall hear the evidence in the action which shall be
delivered in public in its presence. After hearing the evidence and being duly charged by
the magistrate, the members of the jury shall be kept together until:
A. in civil actions, five members shall agree upon a verdict;
B. in criminal actions, the members unanimously agree upon a verdict; or
C. the members are discharged by the magistrate. The magistrate shall give
judgment upon any verdict.