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Notice Of Appeal - New Mexico
| Notice Of Appeal Form. This is a New Mexico form and can be used in Criminal San Juan County 11th Judicial District Local District Court . |
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HOW TO FILE A CRIMINAL APPEAL FROM MAGISTRATE COURT: RULE 6-703 NMRA Important Note: You must file your appeal within fifteen (15) days after the judgment isentered in magistrate court. AT THE MAGISTRATE COURT 1. Pick up a "Notice of Appeal" form, and fill out the form. The white copy will be filed in district court and the goldenrod copy filed afterwards in magistrate court. You will also need to make enough copies of the notice of appeal and judgment to serve on each party or each partys attorney.AT THE DISTRICT COURT 2. Serve each party or each partys attorney with a copy of the Notice of Appeal in accordance with Rule 5-103. 3. Within fifteen (15) days after the original judgment was filed in the magistrate court, file the Notice of Appeal and Proof of Service in the district court. 4. File the appeal with the clerk at the counter and pay the docket fee of thirty five dollars ($35.00) in cash or by money order when you file the appeal (unless the appeal has been filed by the state, a political subdivision of the state, or by a defendant represented by a public defender or other court appointed counsel). 5. Be sure to get the second copy of your Notice of Appeal endorsed by the district court and a receipt for payment of the docket fee. Take them back to magistrate court immediately. AT THE MAGISTRATE COURT 6. File the second copy of the Notice of Appeal and the receipt of payment of the docket fee (unless the appeal has been filed by the state, a political subdivision of the state, or by a defendant represented by a public defender or other court appointed counsel) in the magistrate court where the judgment was entered.<<<<<<<<<********>>>>>>>>>>>>> 2STATE OF NEW MEXICO IN THE DISTRICT COURT ELEVENTH JUDICIAL DISTRICT SAN JUAN COUNTY District Court No. (Mag.) (Met.) (Mun.) No. (STATE OF NEW MEXICO) (CITY OF ) V. , Defendant(s) NOTICE OF APPEAL (Defendant) (The state) (The City of ) appeals to the district court from the (judgment) (final order)of the (magistrate) (metropolitan) court entered in the above cause on the Day of , . The (defendant) (state) (city) requests a trial setting within six months from the date of filing of this notice of appeal. Signed Name (print) Address (print) City, State and Zip Code (print) Telephone number The following is to be completed prior to filing with the clerk of the district court. Proof of service is required for each party. CERTIFICATE OF SERVICE BY ATTORNEY I certify that I caused a copy of the this notice of appeal to be served on the following persons or entities by(delivery) (mail) on this Day of , :(1) (Name of party) (Address) (2) (Name of party) (Address) Attorney for appellant Signature Date of signature<<<<<<<<<********>>>>>>>>>>>>> 3 AFFIDAVIT OF SERVICE OF A PARTY(To be completed by a party who is not represented by an attorney) I declare under penalty of perjury that a copy of this notice of appeal was served on the following persons or entities by(delivery) (mail) on this day of , :(1) (Name of party) (Address) (2) (Name of party) (Address) Signature of appellant Date of signature Subscribed and sworn to before me this day of , . Judge, notary or other officer authorized to administer oaths Official title USE NOTE (A copy of this notice of appeal must be filed with the court from which this appeal is being taken after it has beenendorsed by the district court.) A copy of the judgment or final order appealed from, showing the date of the judgment or final order, shall be attached tothis notice of appeal at the time it is filed in the district court. History [As amended, effective May 1, 1986, October 1, 1991: January 1, 1995, January, 1, 1997]
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