New Mexico > Appellate Courts > Court Of Appeals
Petition For Writ Of Certiorari - New Mexico
| Petition For Writ Of Certiorari Form. This is a New Mexico form and can be used in Court Of Appeals Appellate Courts . |
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This is a Petition for Writ of Certiorari filed in the New Mexico Court of Appeals. It must not exceedten pages in length. You must type or word process all the information required on this form. If youneed to use extra pages, you must type or word process them. Attach a Case Information Sheet asthe first page or pages of the Petition for Writ of Certiorari. File the original of this Petition forWrit of Certiorari with the Court of Appeals. PETITION FOR WRIT OF CERTIORARIPursuant to NMRA 2000, Rule 12-505, Petitioner must answer the following questions::1. Does the Court have jurisdiction to issue a writ of certiorari pursuant to either (a) NMSA 1999, Section 39-3-1.1 and NMRA 2000, Rule 1-074 _________ , or (b) NMRA 2000, Rule 1-075_____________(check one)2. What order are you petitioning from? (Tell the date and title of the order.) __________ _____________________________________________________________________3. Was an order of the District Court entered in connection with a motion for rehearing? Yes ______ No_____. If yes, attach a copy. The remaining questions are designed to help you tell the Court why you are petitioning(what you are complaining about), and also tell the Court some other necessary information. Onlythe questions set forth in this Petition will be considered by the Court of Appeals. If you know ofany legal authority (cases, statutes, rule, constitutions, ordinances, or agency regulations) thatsupport your complaints, please list them in the spaces given for your c omplaints. The questionsusually ask you to tell what you did to complain about things. If you did not complain, please sayso instead of writing what you did to complain. Attach a copy of theudgment, Findings of final jFact and Conclusions of Law adopted by the District Court, and Appellants and Appelleesstatement of appellate review issues filed in the District Court.4. What mistakes are you complaining that the District Judge made? Please put these mistakes<<<<<<<<<********>>>>>>>>>>>>> 2in the form of a question (see below for space for your questions), for example, if you arecomplaining that there was no substantial evidence to support the District Judges order, the questionwould be Was there substantial evidence to support the District Courts order?Question___________: Question___________: Question___________: 5. For each question, please tell us the facts that relate to the question and where in the recordsuch facts may be found.<<<<<<<<<********>>>>>>>>>>>>> 36. Was the order of the District Court in conflict with any opinions of the Supreme Court, theCourt of Appeals, any statutory provision, ordinance or agency regulation? If so, please quote thepart of the District Court order that you claim is in conflict with one of these and also quote theportion of the opinion, statute, ordinance or regulation that shows the conflict.7. Do you claim that your case involves either a significant question of law under theconstitution of the State of New Mexico or the United States or an issue of substantial public interestthat should be decided by the Court of Appeals? If yes, tell us what it is and why.<<<<<<<<<********>>>>>>>>>>>>> 48. What do you want the Court of Appeals to do?Were there other issues raised in the District court and not ruled on that will need to be ruled on ifthe case is remanded? If yes, briefly tell us what they are. Sign your name: ________________________________Be sure you attach an affidavit of service.Be sure to pay the filing fee or file an Application and Order for Free Process.<<<<<<<<<********>>>>>>>>>>>>> 5You must type or word process the information required on this form.AFFIDAVIT OF SERVICE FOR PETITION FOR WRIT OF CERTIORARI______________________________(your full name), being duly sworn upon his or her oath oraffirmation, hereby declares under penalty of perjury that he or she [mailed] [personally delivered](circle or underline one of the foregoing - the one that you did)the fo regoing writ of certiorari to thefollowing people or entities at the addresses indicated on this _____ day of ____________________,______(put the date you mailed or delivered the writ of certiorari).The following spaces are for the names and addresses of the people you are r equired to mail ordeliver the writ of certiorari to. You must fill them all in. The district court clerk or the judgessecretary may be able to help you with these names and addresses. District Court Clerk ____________________________(street or P.O. address of district court clerk) ____________________________ (city, state, and zip code of district court clerk) _______________________________________(name of trial judge) _______________________________________(street or P.O. address of trial judge) _______________________________________(city, state, and zip code of trial judge) _________________________________(name of opposing counsel) _________________________________(street or P.O. address of opposing counsel) _________________________________(city, state, and zip code of opposing counsel)<<<<<<<<<********>>>>>>>>>>>>> 6 ________________________________(name of court reporter or tape monitor) ________________________________(street or P.O. address of reporter or monitor) ________________________________(city, state, and zip code of reporter or monitor) _____________________________________ (Sign your name in front of a Notary Public)Subscribed and sworn to before me this _____ day of __________________, _______. ______________________________My commission expires: Notary Public__________________________________
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