Form 4-707 NMRA. — Notice of appeal.

[For use with Rules 1-072, 2-705, and 3-706 NMRA]

STATE OF NEW MEXICO IN THE [DISTRICT] [METROPOLITAN]1 COURT Dist. Court No. ____________ __________________ JUDICIAL DISTRICT _______________________ COUNTY (Mag.) (Met.) Ct. No. ____________

____________________________________________, Plaintiff

(appellant) (appellee)

against

____________________________________________, Defendant

(appellant) (appellee)

____________________________________________, Garnishee (if applicable)

NOTICE OF APPEAL

__________________ (plaintiff) (defendant) __________________ (other party) appeals to the [district court] [Court of Appeals]2 from the judgment or final order of the (magistrate) (metropolitan) court entered in the above cause on the ____________ day of __________________, ________, a copy of which is hereby attached. 3

________________________________________ Signed ________________________________________ Name (print) ________________________________________ Address (print) ________________________________________ City, state and zip code (print) ________________________________________ Telephone number (To be completed prior to filing with the clerk of the appellate court. Proof of service is required for each party.)

CERTIFICATE OF SERVICE BY ATTORNEY

I certify that I caused a copy of 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

AFFIDAVIT OF SERVICE OF PARTY

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 ________________________________________ Date of signature Subscribed and sworn to before me this ______________ day of __________________, ________ ______________________________ Judge, notary or other officer authorized to administer oaths ______________________________ Official title

USE NOTES

1. Select the name of court in which this Notice of Appeal is filed. NMSA 1978, Section 34-8A-6 was amended in 2019 to provide that the metropolitan court is not a court of record for civil actions brought under the Uniform Owner-Resident Relations Act (UORRA), NMSA 1978, Sections 47-8-1 to -51. Appeals of all civil actions originally brought in the magistrate court and civil actions originally brought in the metropolitan court under the UORRA, are taken by filing this form in the district court within fifteen (15) days of entry of the order appealed from. See Rule 1-072 NMRA; Section 47-8-47. Appeals of civil actions originally brought in metropolitan court that are not under the UORRA, are taken by filing this form in the metropolitan court within thirty (30) days of entry of the order appealed from. See Rule 12-609 NMRA.

2. Select the name of court to which the appeal is taken. Appeals of all civil actions originally brought in the magistrate court and civil actions originally brought in the metropolitan court under the UORRA are taken to the district court. See Rule 1-072. Appeals of civil actions originally brought in the metropolitan court that are not under the UORRA are taken to the Court of Appeals. See Rule 12-609.

3. A copy of the judgment or final order appealed from, showing the date of the judgment or final order, shall be attached to the notice of appeal.

4. Section 47-8-47 provides for a stay of execution of a writ of restitution pending appeal for cases governed by the UORRA if a resident continues to pay rent on the date rent would otherwise become due. If a writ of restitution has issued, a copy of this notice of appeal should be delivered to the sheriff to whom the writ is directed.

[As amended, effective January 1, 1996; as amended by Supreme Court Order No. S-1- RCR-2025-00175, effective for all cases filed on or after December 31, 2025.]