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Appeals

RESOURCE GUIDE – APPEALS

The appeal process can arise in various contexts.  The appeal process involves requesting the review of an administrative agency action or lower court decision by a higher court.

The appeal process may commence from a lower court such as the Magistrate (Rule 1-072 NMRA) Metropolitan (Rule 1-073 NMRA), Municipal (Rule 8-703 NMRA) or Probate Court (Rules 1B-101 and 1B-701 NMRA) to the District Court.  Appeals to a District Court must occur in the same county as the original lower court.  New Mexico Statues provide for the appeals in the arbitration process under Section 44-7A-29 NMSA 1978.  Actions of administrative agencies are also subject to appeal (Rule 1-074 NMRA &  Rule 1-075 NMRA,) and certain agencies have their own appeal rules (Human Rights Commission (Rule 1-076 NMRA) and the Unemployment Compensation Bureau (Rule 1-077 NMRA). 

The Rules of Appellate Procedure are set forth under Rule Set 12 NMRA.  These rules govern procedure and pleadings before both the Court of Appeals and the Supreme Court.  Supreme Court General Rule Rule 23-101 NMRA sets forth the basic contours of a Supreme Court hearing.

New Mexico has several official forms for use in the appellate process. These include:

Form 4-707. Notice of appeal.

Form 4-830. Writ of certiorari.

Form 4-831. Petition for writ of certiorari in appeal pursuant to Unemployment Compensation Law.

Form 4-832. Writ of certiorari in appeal pursuant to Unemployment Compensation Law.

Form 9-607. Notice of appeal.

Form 9-702. Petition for writ of certiorari to the district court from denial of habeas corpus.

The Law Library also has numerous titles in our print collection that can assist you in the appeal process. Here is sampling of materials:

18th Appellate practice institute / State Bar of New Mexico, Center for Legal Education, New Mexico State Bar Foundation

How to process an appeal in the New Mexico Court of Appeals: a project of the New Mexico Court of Appeals and Appellate Courts Pro Se Committee.

Appellate practice compendium