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. History: 1953 Comp., § 16-7-1, enacted by […]
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 […]
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 […]
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. History: 1953 Comp., § 16-7-12, enacted by Laws 1966, ch. 28, § 12. ANNOTATIONS Cross references. — […]
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 […]
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 […]
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. History: Laws 2009, […]
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 […]
ANNOTATIONS Repeals. — Laws 1993, ch. 278, § 4 repealed 34-5-3 NMSA 1978, as amended by Laws 1990, ch. 115, § 2, concerning salaries of judges of the court of appeals, effective January 1, 1994. For provisions of former section, see the 1992 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 34-1-9 NMSA 1978.
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. […]
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 […]
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 […]
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. History: 1953 Comp., § […]
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 […]
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. History: 1953 Comp., § 16-7-9, enacted by Laws 1966, ch. 28, § 9. ANNOTATIONS
