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Albuquerque New Mexico Docketing Statement Instructions
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How to fill out New Mexico Docketing Statement Instructions?
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FAQ
As the appellant (the person filing the appeal), you must file a docketing statement with the appellate court. This tells the court and other parties that you have taken the steps necessary to begin a civil appeal.
Facts that support the trial court's ruling must be stated. - The docketing statement must include all the facts material to the issues, including the facts that support the trial court's ruling. Thornton v. Gamble, 1984-NMCA-093, 101 N.M.
Under CPR 52.12(2), the appeal notice must be filed within 21 days after the date of the decision of the lower court which the appellant wishes to appeal ? or such longer or shorter period as may be directed by the lower court.
The appeal is taken by filing a notice of appeal with the court that rendered the judgment or final order appealed from. The notice of appeal shall indicate the parties to the appeal, the judgment or final order or part thereof appealed from, and state the material dates showing the timeliness of the appeal.
In some cases, you begin your appeal by filing what is called a ?petition for a writ of certiorari? in the New Mexico Court of Appeals. You may contact the Court of Appeals for these forms or visit the Court of Appeals' website at to download and print the forms yourself.
Docketing statement is a statement that is filed at the beginning of the appeal. The docketing statement facilitates efficient processing of appeals by allowing the court of appeal to quickly identify jurisdictional problems, and appropriate settlement cases.
An appellate docketing statement provides information to the court of appeals clerk's office for their use in preparing a docket sheet for the case. A docketing statement is generally not reviewed by court of appeals justices or staff attorneys.
1 Every California judge is familiar with the requirement to issue timely decisions under a constitu- tional provision (Article VI, Section 19) that sets a deadline for judicial decisions: 90 days after the matter is submitted for decision.
