Rule text
A. Right of appeal. A party who is aggrieved by the judgment or final order in a civil action may appeal, as permitted by law, under NMSA 1978, Section 34-8A-6.
B. De novo appeal. If the appeal is an appeal de novo, an aggrieved party may appeal to the district court of the county within which the metropolitan court is located. The notice of appeal shall be filed in the district court within fifteen (15) days after the judgment or final order appealed from is filed in the metropolitan court clerk's office. Rule 1-072 NMRA shall govern the procedure on appeal.
C. On-record appeal. If the appeal is an appeal on the record, an aggrieved party may appeal to the Court of Appeals. The notice of appeal shall be filed in the metropolitan court within thirty (30) days after the final order appealed from is filed in the metropolitan court clerk's office. The Rules of Appellate Procedure governing appeals from the district courts shall govern the procedure on appeal. See Rule 12-609 NMRA.
[As amended, effective September 1, 1989; January 1, 1994; July 1, 1996; as amended by Supreme Court Order No. 11-8300-021, effective May 27, 2011; as amended by Supreme Court Order No. S-1-RCR-2025-00175, effective for all cases filed on or after December 31, 2025.]
Notes
ANNOTATIONS
The 2025 amendment, approved by Supreme Court Order No. S-1-RCR-2025-00175, effective December 31, 2025, rewrote the rule; in Paragraph A, after "permitted by law" added "under NMSA 1978, Section 34-8A-6" and deleted the remainder of the paragraph; deleted former Paragraphs B through K and added new Paragraphs B and C.
The 2011 amendment, approved by Supreme Court Order No. 11-8300-021, effective May 27, 2011, in Paragraph E, required the metropolitan court to file a copy of the record with the district court and in Paragraph K, required the clerk of the district court to transmit a copy of the mandate to the metropolitan court. The 1996 amendment, effective for appeals filed after July 1, 1996, rewrote the rule.
Cross references. -- For appeal from metropolitan court on the record, see Rule 1-073 NMRA.
Late filing of appeal. -- Because timely filing of an appeal is a mandatory precondition rather than an absolute jurisdictional requirement, a trial court may, under unusual circumstances, use its discretion and entertain an appeal even though it is not timely filed. The decision to dismiss an appeal is extreme and must be determined on a caseby-case basis. Trujillo v. Serrano, 1994-NMSC-024, 117 N.M. 273, 871 P.2d 369.
Judicial error may excuse late appeal. -- One unusual circumstance which would warrant permitting an untimely appeal is if the delay is a result of judicial error. To deny a party the constitutional right to an appeal because of a mistake on the part of the court runs against the most basic precepts of justice and fairness. Trujillo v. Serrano, 1994- NMSC-024, 117 N.M. 273, 871 P.2d 369.