Court of Appeals

NMSA 1978 ch. 34, art. 5

in effect

NMSA 1978, § 34-5-1 Court of appeals; judges; election for staggered terms

34-5-1. Court of appeals; judges; election for staggered terms The "court of appeals" of New Mexico consists of ten judges who are nominated and elected in the same manner as justices of the supreme court. No judge of the court of appeals shall be nominated or elected to any other than a judicial office in this state. 1953 Comp., § 16-7-1, enacted by Laws 1966, ch. 28, § 1; 1972, ch. 32, § 1; 1978, ch. 25, § 1; 1990, ch. 35, § 1.

NMSA 1978, § 34-5-2 Court of appeals; chief judge

34-5-2. Court of appeals; chief judge At their first meeting in each odd-numbered year, the judges of the court of appeals shall, by majority vote, designate one of their number to serve as chief judge for a term of two years. In the absence of the chief judge, the senior judge present at the seat of government shall exercise the powers of the chief judge. Seniority shall be determined by the length of present continuous service on the court. In the event of a vacancy in the office of chief judge, the judges shall, by majority vote, designate one of their number to serve for the remainder of the term. 1953 Comp., § 16-7-2, enacted by Laws 1966, ch. 28, § 2.

NMSA 1978, § 34-5-4 Court of appeals; vacancy in membership

34-5-4. Court of appeals; vacancy in membership If a vacancy in the membership of the court of appeals other than by expiration of a term shall occur, the governor shall fill the vacancy by appointment of a qualified person to serve until December 31 following the next general election, or for the remainder of the unexpired term, whichever is the longer period. 1953 Comp., § 16-7-4, enacted by Laws 1966, ch. 28, § 4; 1973, ch. 136, § 1.

NMSA 1978, § 34-5-5 Court of appeals; personnel

34-5-5. Court of appeals; personnel A. The court of appeals shall employ a clerk and other necessary employees to serve at the pleasure of the court. Employees shall receive compensation established by the court, subject to legislative appropriations. B. Before entering the duties of his office, the clerk shall take the oath prescribed by the constitution for state officers and file with the secretary of state a corporate surety bond in the amount of five thousand dollars ($5,000). The bond shall be approved in writing on its face by the chief judge of the court of appeals and conditioned upon the clerk's faithful performance of the duties of his office and payment of all money received as clerk to the person entitled to receive it. C. Subject to legislative appropriations, each judge of the court of appeals may select a law clerk who is a graduate of a law school which meets the standards of accreditation of the American Bar Association. Each law clerk shall serve at the pleasure of the judge who selected him. D. Personnel of the court of appeals, including law clerks and other employees, shall: (1) perform duties as provided by rule of the court of appeals; (2) not engage in the private practice of law; and (3) not receive any additional salaries on account of services rendered the state. 1953 Comp., § 16-7-5, enacted by laws 1966, ch. 28, § 5.

NMSA 1978, § 34-5-6 Court of appeals; fees and costs

34-5-6. Court of appeals; fees and costs A. The clerk of the court of appeals shall collect the following fees: docket fee, twenty-five dollars ($25.00) of which shall be deposited in the court automation fund and one hundred dollars ($100) of which shall be deposited in the court facilities fund …………………………………………………………………………. $125.00 docket fee for cases in which a motion to docket and dismiss the appeal is filed for failure to file a docketing statement, ten dollars ($10.00) of which shall be deposited in the court automation fund and ten dollars ($10.00) of which shall be deposited in the court facilities fund …………………………………………………………………….. 20.00 single copy of records, per typewritten folio ……………………………………………...10 each additional copy of records ordered at same time, per typewritten folio ………....05 copies of records reproduced by photographic process, per page …………………....10 comparing copies of records tendered to him, per folio ………………………………...05 each certificate ……………………………………………………………………………... 1.00. docket fee, twenty-five dollars ($25.00) of which shall be deposited in the court automation fund and one hundred dollars ($100) of which shall be deposited in the court facilities fund …………………………………………………………………………. $125.00 docket fee for cases in which a motion to docket and dismiss the appeal is filed for failure to file a docketing statement, ten dollars ($10.00) of which shall be deposited in the court automation fund and ten dollars ($10.00) of which shall be deposited in the court facilities fund …………………………………………………………………….. 20.00 single copy of records, per typewritten folio …………………………………………….. .10 each additional copy of records ordered at same time, per typewritten folio ………... .05 copies of records reproduced by photographic process, per page …………………... .10 comparing copies of records tendered to him, per folio ……………………………….. .05 each certificate ……………………………………………………………………………... 1.00. B. No fees or costs shall be required in proceedings in forma pauperis, from state officers acting in their official capacity or in any other case where a statutory exemption exists. C. Except as otherwise specifically provided by law, the clerk of the court of appeals shall pay all fees and costs to the state treasurer for credit to the state general fund. 1953 Comp., § 16-7-6, enacted by Laws 1966, ch. 28, § 6; 1992, ch. 111, § 19; 1996, ch. 41, § 2; 1998 (1st S.S.), ch. 6, § 2; 2003, ch. 38, § 2.

NMSA 1978, § 34-5-7 Court of appeals; terms of court; location

34-5-7. Court of appeals; terms of court; location The court of appeals shall hold one term each year beginning on the second Tuesday of January, and it shall always be in session. The headquarters of the court and the clerk's office shall be located at the seat of government. The court may convene at any location in the state. 1953 Comp., § 16-7-7, enacted by Laws 1966, ch. 28, § 7.

NMSA 1978, § 34-5-8 Court of appeals; appellate jurisdiction

34-5-8. Court of appeals; appellate jurisdiction A. The appellate jurisdiction of the court of appeals is coextensive with the state, and the court has jurisdiction to review on appeal: (1) any civil action not specifically reserved to the jurisdiction of the supreme court by the constitution or by law; (2) all actions under the Workmen's Compensation Act [Workers' Compensation Act], the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978], the Subsequent Injury Act and the federal Employers' Liability Act[s]; (3) criminal actions, except those in which a judgment of the district court imposes a sentence of death or life imprisonment; (4) post-conviction remedy proceedings, except where the sentence involved is death or life imprisonment; (5) actions for violation of municipal or county ordinances where a fine or imprisonment is imposed; (6) decisions of administrative agencies of the state; and (7) decisions in any other action as may be provided by law. B. The supreme court may provide for the transfer of any action or decision enumerated in this section from the court of appeals to the supreme court in addition to the transfers provided for in Section 34-5-10 and Subsection C of Section 34-5-14 NMSA 1978. 1953 Comp., § 16-7-8, enacted by Laws 1966, ch. 28, § 8; 1967, ch. 24, § 1; 1983, ch. 333, § 1.

NMSA 1978, § 34-5-9 Court of appeals; procedure for appeals from district court

34-5-9. Court of appeals; procedure for appeals from district court Unless otherwise provided by rule of procedure, appeals to the court of appeals shall be taken from the district court in the manner prescribed for appeals to the supreme court. 1953 Comp., § 16-7-9, enacted by Laws 1966, ch. 28, § 9.

NMSA 1978, § 34-5-10 Transfer of cases on appeal

34-5-10. Transfer of cases on appeal No matter on appeal in the supreme court or the court of appeals shall be dismissed for the reason that it should have been docketed in the other court, but it shall be transferred by the court in which it is filed to the proper court. Any transfer under this section is a final determination of jurisdiction. Whenever either court determines it has jurisdiction in a case filed in that court and proceeds to decide the matter, that determination of jurisdiction is final. No additional fees or costs shall be charged when a case is transferred to another court under this section. 1953 Comp., § 16-7-10, enacted by Laws 1966, ch. 28, § 10.

NMSA 1978, § 34-5-11 Court of appeals; quorum; decisions; rehearings

34-5-11. Court of appeals; quorum; decisions; rehearings Three judges of the court of appeals constitute a quorum for the transaction of business, but not more than three judges shall sit in any matter on appeal. Decisions of the court shall be in writing with the grounds stated, and the result shall be concurred in by at least two judges. If any judge who participated in a hearing is unable for any reason to participate in a rehearing, or consideration of a motion for rehearing, of any matter, any other judge or acting judge of the court of appeals may participate in consideration of the motion or the case on rehearing. 1953 Comp., § 16-7-11, enacted by Laws 1966, ch. 28, § 11.

NMSA 1978, § 34-5-12 Court of appeals; seal

34-5-12. Court of appeals; seal The court of appeals may adopt a design for the seal of the court. Upon adoption, the clerk of the court shall file a facsimile and description of the design in the office of the secretary of state. 1953 Comp., § 16-7-12, enacted by Laws 1966, ch. 28, § 12.

NMSA 1978, § 34-5-13 Court of appeals; publishing opinions

34-5-13. Court of appeals; publishing opinions The judges of the court of appeals shall meet from time to time, select from opinions of the court of appeals and designate to the clerk of the court of appeals those which should be officially reported and published. The judges shall also supervise, amend and correct all syllabi or headnotes prefixed to the published opinions. 1953 Comp., § 16-7-13, enacted by Laws 1966, ch. 28, § 13.

NMSA 1978, § 34-5-14 Supreme court; appellate jurisdiction; review by certiorari to court of appeals; certification of cases to supreme court

34-5-14. Supreme court; appellate jurisdiction; review by certiorari to court of appeals; certification of cases to supreme court A. The appellate jurisdiction of the supreme court is coextensive with the state and extends to all cases where appellate jurisdiction is not specifically vested by law in the court of appeals. B. In addition to its original appellate jurisdiction, the supreme court has jurisdiction to review by writ of certiorari to the court of appeals any civil or criminal matter in which the decision of the court of appeals: (1) is in conflict with a decision of the supreme court; (2) is in conflict with a decision of the court of appeals; (3) involves a significant question of law under the constitution of New Mexico or the United States; or (4) involves an issue of substantial public interest that should be determined by the supreme court. Application to the supreme court for writ of certiorari to the court of appeals shall be filed with the clerk of the supreme court within twenty days after final action by the court of appeals. A copy of the application shall be filed by the clerk of the supreme court with the clerk of the court of appeals and the clerk of the court of appeals shall forthwith transmit the record in the case to the clerk of the supreme court. Upon filing of the application, the judgment and mandate of the court of appeals shall be stayed pending final action of the supreme court. No further briefs or oral argument in support of an application for writ of certiorari shall be filed or had in the supreme court unless so directed by the supreme court. If an application has not been acted upon within thirty days, it shall be deemed denied. C. The supreme court has appellate jurisdiction in matters appealed to the court of appeals, but undecided by that court, if the court of appeals certifies to the supreme court that the matter involves: (1) a significant question of law under the constitution of New Mexico or the United States; or (2) an issue of substantial public interest that should be determined by the supreme court. Any certification by the court of appeals under this subsection is a final determination of appellate jurisdiction. D. The jurisdiction of the supreme court over the decisions of the court of appeals and over actions certified to it by the court of appeals is in addition to the jurisdiction of the supreme court in the issuance and determination of original writs directed to the court of appeals. 1953 Comp., § 16-7-14, enacted by Laws 1966, ch. 28, § 14; 1972, ch. 71, § 1.

NMSA 1978, § 34-5-15 Court of appeals; electronic services fee

34-5-15. Court of appeals; electronic services fee The clerk of the court of appeals may charge and collect from persons who use electronic services an electronic services fee in an amount established by supreme court rule. Proceeds from the electronic services fee shall be remitted to the administrative office of the courts for deposit in the electronic services fund. Laws 2009, ch. 112, § 3.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18534/index.doFetched: 10/20/2026