How to Appeal a Court’s Decision in New Mexico?
If your case was held in New Mexico and you dissatisfied with the final decision, you can file an appeal with the district court Clerk where your trial was held. You have only thirty days to file unless you are requesting suppression of evidence or sanctions then you have only ten days to file. All paperwork must be filed electronically by your attorney.
Notice of Appeal
The first thing you need to do is file a notice of appeal with the following information included:
- Names and contact information for each party involved.
- Names and contact information for attorneys involved.
- Name of the district court.
- Copy of the original final judgment.
- Additional attachments are required for criminal cases
- Service of the notice of appeal.
- Service on a party.
- Related appeals.
The attorney representing the appellant is responsible for docketing the appeal within thirty days after the notice of appeal is filed.
The docketing statement must include the following information:
- Statement of the nature of proceedings
- Date of the final judgment
- A concise statement of the case.
- Statement of the issues.
- Statement about the transcript.
- Citations of precedent cases.
- Copy of the final judgment.
The brief is the chief piece of evidence used in an appeals case. This vital document must include the following:
- Table of contents
- Table of authorities
- Summary of proceedings
- An argument with citations and references to precedent cases or court documents.
- A conclusion.
The appellee has an opportunity to file their brief, and the appellant can then reply with another brief.
Hearing oral arguments are the discretion of the court. Your time will be limited to thirty minutes if you are permitted to present.
It may take roughly six months for the appellate court to review and rule on your case. They will publish their opinion in writing, and all parties will be alerted.
If you are unhappy with this final decision, you have the right to petition for a review of the case again or take it to the Supreme Court.