Court of Appeals
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How much is the docket fee?
The docket fee is $125.00 for filing an appeal and $20.00 for filing a motion to dismiss for failure to file a docketing statement. NMSA 1978 §34-5- 6 (2003) There are no other fees required to process the appeal. However, if you want copies of documents, there is...
What are your hours?
The court hours are Monday - Friday 8 a.m.-Noon and 1-5 p.m. excluding holidays.
How many copies of pleadings do you require?
How do I get a copy of an opinion?
You can download a PDF copy from the opinions section of this website.
Can I fax pleadings to your office?
See NMRA 12-307.1, which provides that pleadings may be faxed only if no fee is required and only the original is required to be filed. There are also many other requirements, and you should consult the rule to learn of them all. This website provides a link to the...
What is your mailing address?
Court of Appeals P.O. Box 2008 Santa Fe, NM 87504-2008 Albuquerque Satellite Office 2211 Tucker Ave. NE Albuquerque, NM 87106
What is your physical address?
Court of Appeals 237 Don Gaspar, Room 116Santa Fe, NM 87501 Albuquerque Satellite Office 2211 Tucker Rd NEAlbuquerque, NM 87106
What is the telephone number for district court, magistrate court, municipal court?
Refer to the NM Courts websites.
How do I get copies of a pleading?
Call 505-827-4925 for instruction
How do I borrow the case materials?
Call 505-827-4925 (for criminal, juvenile & sequestered, or after an opinion is filed) Call 505-841-4618 (for civil, domestic, probate)
How do I file an appeal?
See NMRA 12-202 regarding filing a notice of appeal. See NMRA 12-203 regarding filing Interlocutory appeals. See also NMRA 12-204, 12-205, 12-502, 12-503. Consult the Pro Se Videos for information on filing a civil appeal.
What is the status of my case?
Call 505-827-4925 or 505-841-4618 to check on the status.
Can I file in the Albuquerque office?
How can I get an extension of time?
A motion for extension of time can be filed. See NMRA 12-309.
Have you received my pleading?
Call 505-827-4925 or 505-841-4618
Have they ruled on my motion?
Call 505-827-4925 or 505-841-4618
How long will it take the Court to decide my case?
The answer to this question depends on many factors. From the time you file your notice of appeal to the time of decision can be as short as two months or as long as two and one-half years. A decision in two months requires that you file your docketing...
How long does it take from the time I file my docketing statement until the time the case is calendared?
When the docketing statement is filed, the Court needs to wait for the record proper before it will refer the case to its prehearing division to make a calendaring recommendation. Some districts send the record proper to the Court of Appeals within a week and other...
What does it mean if I filed my memorandum in opposition a month ago and still have not heard anything?
This is not unusual at all. The Court's average time from notice of disposition to opinion is over two months, so most cases will take more than a month from your memorandum in opposition to decide. In addition, it is not infrequent that the participating judges...
If I want some particular relief that is not provided for in the rules, such as an expedited decision or expedited mandate or a clarification of the briefing schedule, what should I do?
You can always file a motion asking for these things that are not provided for in the rules.
What factors are used to determine whether an opinion is a memo (unpublished) or formal (published) opinion and who makes the decision?
The panel assigned to the case makes the decision, and as with all Court of Appeals decisions, the majority of the panel (two judges of the three assigned) make the decision. The criteria for memorandum opinions are contained in NMRA 12-405(B), and they generally...
If I get a memo opinion that I think should be made formal, is there anything I can do?
See the answer to question 23. A motion can always be filed, but the Court does not frequently grant these motions. A formal opinion takes much more time, both judge time and staff time, to craft and check for technical errors. While the judges are always satisfied...
How often do the Court’s initial calendar notices get changed or what are my chances of getting a different result if I file a memorandum in opposition?
Twenty to twenty-five percent of the cases originally assigned to the summary calendar get reassigned to a non-summary calendar following a memorandum in opposition. Many people have the misperception that staff attorneys write the notices of proposed disposition with...
Are pro se parties and attorneys treated the same?
Yes. Case law requires that pro se parties are bound by all of the rules, just as attorneys are. Case law also provides that, when there is no prejudice to the other side, technical rule violations will be overlooked so that cases will be decided on their merits....
Can I e-mail documents to the Court?
No. Unfortunately, the court does not currently have an electronic filing system. If budget and resources allow, the court may transition to electronic filing in the near future.