New Mexico Notice of Appeal to the Court of Appeals

NOTICE OF APPEAL

State of New Mexico — Court of Appeals

1. COURT CAPTION

STATE OF NEW MEXICO
COURT OF APPEALS

[________________________________],
Plaintiff-[Appellant/Appellee],

v. No. ________________
(Court of Appeals)

[________________________________], D-[____]-CV-[________]
Defendant-[Appellant/Appellee]. (District Court)
On Appeal from the [________________________________] Judicial District Court
County of [________________________________]
The Honorable [________________________________], District Judge

2. ATTORNEY / PARTY INFORMATION

[________________________________] (NM Bar No. [________])
[________________________________] (Firm Name)
[________________________________] (Street Address)
[________________________________], New Mexico [________]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

Attorney for [☐ Appellant / ☐ Cross-Appellant]
[________________________________] (Client Name)
Pro Se Litigant (if applicable):
[________________________________] (Full Legal Name)
[________________________________] (Street Address)
[________________________________], New Mexico [________]
Telephone: [________________________________]
Email: [________________________________]

3. NOTICE OF APPEAL

PLEASE TAKE NOTICE that pursuant to Rule 12-201 NMRA and NMSA 1978, Section 39-3-2, [________________________________] ("Appellant"), the [☐ Plaintiff / ☐ Defendant / ☐ Intervenor / ☐ Third-Party Defendant] in the above-captioned matter, hereby appeals to the New Mexico Court of Appeals from the:

☐ Final Judgment
☐ Final Order
☐ Final Decree
☐ Interlocutory Order (by permission under Rule 12-203 NMRA)
☐ Order Granting or Denying Class Certification (under Rule 12-202 NMRA)

entered on [__/__/____] by the Honorable [________________________________], District Judge, in the [________________________________] Judicial District Court, County of [________________________________].

Description of Judgment or Order Appealed From:

[________________________________]
[________________________________]
[________________________________]

4. BASIS FOR APPELLATE JURISDICTION

This appeal is authorized by the following:

☐ NMSA 1978, § 39-3-2 — Civil appeal from a final judgment or order of the district court
☐ Rule 12-201(A)(2) NMRA — Appeal as of right from a final judgment
☐ Rule 12-203 NMRA — Interlocutory appeal by permission
☐ Rule 12-202 NMRA — Appeal from class certification order
☐ NMSA 1978, § 39-3-3 — Criminal appeal (defendant)
☐ Other: [________________________________]

Note on Direct Supreme Court Jurisdiction: Certain categories of cases are appealed directly to the New Mexico Supreme Court rather than the Court of Appeals, including cases involving the constitutionality of a statute, appeals in habeas corpus proceedings, and certain election cases. See N.M. Const. Art. VI, § 2; NMSA 1978, § 34-5-14.

5. TIMELINESS OF APPEAL

Post-Judgment Motions Tolling the Appeal Period

Under Rule 12-201(D) NMRA, the filing of certain timely post-judgment motions tolls the time for filing the notice of appeal. Indicate which, if any, were filed:

☐ Motion for judgment as a matter of law under Rule 1-050(B) NMRA — Filed [__/__/____]; Decided [__/__/____]
☐ Motion to amend findings under Rule 1-052(D) NMRA — Filed [__/__/____]; Decided [__/__/____]
☐ Motion for new trial under Rule 1-059 NMRA — Filed [__/__/____]; Decided [__/__/____]
☐ Motion for relief from judgment under Rule 1-060(B) NMRA (filed within 30 days) — Filed [__/__/____]; Decided [__/__/____]
☐ No post-judgment tolling motions were filed

Deadline Calculation: Under Rule 12-201(A)(2) NMRA, the notice of appeal must be filed within 30 days after the judgment or order appealed from is filed in the district court clerk's office. If a timely tolling motion is filed, the 30-day period runs from the date of the filing of the order expressly disposing of the last such motion, or from the date of automatic denial of the motion under the applicable rule, whichever occurs first.

6. DESIGNATION OF PARTIES ON APPEAL

7. ISSUES ANTICIPATED ON APPEAL

Appellant anticipates raising the following issues on appeal. This list is preliminary and will be refined in the docketing statement and briefing:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

8. DOCKETING STATEMENT REQUIREMENTS (Rule 12-208 NMRA)

Appellant acknowledges the obligation to file a Docketing Statement within 60 days after filing this Notice of Appeal. The docketing statement must contain:

☐ A statement of the nature of the proceeding giving rise to the appeal
☐ A statement of how each issue was preserved in the trial court
☐ A statement of the facts material to the issues on appeal
☐ A statement of the applicable standard of review for each issue
☐ A statement of the court's jurisdiction
☐ Citation to authorities relied upon
☐ A proposed summary calendar disposition or statement that summary disposition is inappropriate

Important: The Court of Appeals uses the docketing statement to determine whether the case should be placed on the summary calendar under Rule 12-210 NMRA or assigned to the general calendar for full briefing. A thorough docketing statement is critical.

9. TRANSCRIPT DESIGNATION AND ORDERING (Rule 12-211 NMRA)

A. Transcript Request

Appellant [☐ has ordered / ☐ will order within 10 days] transcripts of the following proceedings:

B. Filing of Proof of Transcript Order

Under Rule 12-211(B) NMRA, within 10 days after filing the notice of appeal, Appellant shall file with the district court clerk a copy of the transcript order or a certificate that no transcript is necessary.

C. Statement of No Transcript

☐ No transcript is necessary for this appeal
☐ The parties will use an agreed statement of facts under Rule 12-212 NMRA

D. Transcript Completion

The court reporter must deliver the completed transcript within the time set by the appellate court. Appellant acknowledges the obligation to make timely payment and to monitor transcript preparation.

10. RECORD PROPER (Rule 12-209 NMRA)

The record proper shall be prepared by the district court clerk and transmitted to the Court of Appeals. The record proper includes:

☐ All papers filed with the district court
☐ All exhibits admitted or offered into evidence
☐ The transcript of proceedings (when completed)
☐ Any other items designated by the parties

Appellant may file a designation of additional items to be included in the record within the time set by the court.

Electronic Record: The district court clerk will prepare and transmit the record proper electronically through the Odyssey system where available.

11. STAY PENDING APPEAL AND SUPERSEDEAS BOND (Rule 12-207 NMRA)

Appellant [☐ has obtained / ☐ has not obtained / ☐ will seek] a stay of the judgment or order pending appeal.

Stay Application

☐ Appellant has obtained a stay from the district court under Rule 12-207(A) NMRA
☐ Appellant will apply to the Court of Appeals for a stay under Rule 12-207(B) NMRA
☐ Appellant has posted a supersedeas bond in the amount of $[________________________________]
☐ No stay is being sought at this time

Bond Requirements

Under Rule 12-207(A) NMRA, the district court may require the posting of a supersedeas bond as a condition of staying enforcement of a money judgment. The bond must ordinarily be sufficient to cover the judgment amount, costs, interest, and damages for delay.

Automatic Stay: In actions involving the State of New Mexico, a stay may be automatic under certain circumstances. Consult Rule 12-207(A)(3) NMRA.

12. FILING FEES AND COSTS

Appellant certifies the following:

☐ The required docket fee of $[________] has been paid (see NMSA 1978, § 34-5-8)
☐ Application for free process has been filed under Rule 12-308 NMRA
☐ Appellant is exempt from the filing fee (specify basis): [________________________________]

13. E-FILING THROUGH ODYSSEY

☐ This Notice of Appeal is being filed electronically through the Odyssey File & Serve system
☐ This Notice of Appeal is being filed in paper form

Note: Where Odyssey File & Serve is available in the judicial district, electronic filing is required for attorneys. Self-represented parties may file in paper.

14. RELIEF REQUESTED

Appellant respectfully requests that the New Mexico Court of Appeals:

☐ Reverse the judgment/order appealed from
☐ Modify the judgment/order as follows: [________________________________]
☐ Vacate the judgment/order and remand for further proceedings
☐ Remand with specific instructions: [________________________________]
☐ Award costs on appeal under Rule 12-318 NMRA
☐ Grant such other relief as the Court deems just and proper

15. SIGNATURE

DATED: [__/__/____]

Respectfully submitted,

[________________________________]
(Firm Name)

By: _________________________________________
[________________________________]
Attorney for Appellant
NM Bar No. [________]
[________________________________] (Address)
[________________________________]
Telephone: [________________________________]
Email: [________________________________]

16. CERTIFICATE OF SERVICE (Rule 12-307 NMRA)

I hereby certify that on [__/__/____], a true and correct copy of the foregoing NOTICE OF APPEAL was served upon the following by the method(s) indicated:

Service on Parties

Service on Court Officials

☐ Clerk of the [________________________________] Judicial District Court, [________________________________] County
☐ District Court Judge: Hon. [________________________________]

_________________________________________
[________________________________]
(Signature)

17. CHECKLIST FOR FILING

Before filing this Notice of Appeal, confirm completion of the following:

☐ Notice of Appeal completed with all required information
☐ Filed within 30 days of the filing of the judgment/order (or within 30 days after disposition of a tolling motion)
☐ Docket fee paid or free process application filed
☐ Copy served on all parties and the district court clerk
☐ Transcript ordered within 10 days and proof of order filed with the district court
☐ Calendar reminder set for docketing statement (60 days after filing notice of appeal)
☐ Stay application and supersedeas bond filed, if applicable
☐ E-filing completed through Odyssey where required

PRACTICE TIPS AND COMMON PITFALLS

Deadline Calculation

1. 30-Day Filing Deadline (Rule 12-201(A)(2) NMRA): The 30-day period begins when the judgment or order is filed in the district court clerk's office — not when it is entered, signed, or served. This distinction is critical. Always verify the filing date stamp.

2. Tolling Motions Must Be Timely: Only motions filed within the time allowed by the underlying rule toll the appeal period. A Rule 1-060(B) motion tolls only if filed within 30 days of the judgment filing. Late-filed motions do not toll.

3. Premature Notice of Appeal: Under Rule 12-201(D)(2) NMRA, a notice of appeal filed after the announcement of a decision but before the entry of the judgment or order is treated as filed on the date the judgment or order is filed. However, if a tolling motion is filed, a premature notice of appeal becomes effective only upon disposition of the motion.

Appellate Court Selection

4. Court of Appeals vs. Supreme Court: Most civil appeals are taken to the Court of Appeals. Appeals go directly to the Supreme Court only in limited categories (constitutional challenges to statutes, habeas corpus, certain election matters). Filing in the wrong court can waste critical time.

5. Interlocutory Appeals (Rule 12-203 NMRA): Interlocutory orders are not appealable as of right. The appellant must file a petition for permission to appeal within 15 days of the order, demonstrating that the appeal involves a controlling question of law as to which there is substantial ground for difference of opinion.

Docketing Statement

6. Summary vs. General Calendar: The Court of Appeals uses the docketing statement to decide whether the case warrants summary disposition or full briefing. A well-drafted docketing statement that presents a clearly meritorious issue may lead to faster resolution on the summary calendar.

7. Issue Preservation: The docketing statement must explain how each issue was preserved below. Unpreserved issues may be reviewed only for fundamental error. See Rule 12-321 NMRA.

Transcript and Record

8. 10-Day Transcript Ordering Deadline: This is one of the shortest deadlines in appellate practice. Failure to timely order transcripts can result in dismissal or limitation of issues on appeal.

9. Record Completeness: Verify that the record proper contains all necessary documents. Missing documents may be supplemented by motion under Rule 12-209(D) NMRA.

Standards of Review in New Mexico

10. De Novo: Questions of law, statutory interpretation, constitutional issues, and sufficiency of the evidence in bench trials.
11. Abuse of Discretion: Evidentiary rulings, discovery disputes, sanctions, and case management decisions.
12. Substantial Evidence: Findings of fact supported by substantial evidence will not be disturbed on appeal.
13. Whole Record Review: In certain administrative appeals, the appellate court reviews the entire record.

Common Mistakes

14. Filing in the Wrong Court: Always confirm whether the appeal lies to the Court of Appeals or the Supreme Court.
15. Missing the Transcript Deadline: The 10-day window closes quickly. Contact the court reporter immediately upon deciding to appeal.
16. Incomplete Docketing Statement: This is the most common deficiency. Address all required elements, especially preservation of issues.
17. Failing to Pay the Docket Fee: The appeal may be dismissed for nonpayment.

SOURCES AND REFERENCES

• New Mexico Rules of Appellate Procedure (Rules 12-201 through 12-609 NMRA)
• NMSA 1978, §§ 39-3-1 through 39-3-3 (Appeals from District Court)
• New Mexico Court of Appeals: https://coa.nmcourts.gov
• New Mexico Supreme Court: https://supremecourt.nmcourts.gov
• Odyssey File & Serve (electronic filing): Available through the New Mexico Courts portal
• NMSA 1978, § 34-5-8 (Appellate Court Filing Fees)