N.M. R. App. P. 12-304

As amended through August 23, 2024

Rule 12-304 - Free process on appeal

A.Workers' compensation cases. The provisions of the Workers' Compensation Act shall govern fees and other costs in workers' compensation cases.

B.Criminal and children's court cases.

(1) A defendant in a criminal case or a respondent in a children's court case who is represented by the public defender department may proceed on appeal without the payment of docket or other fees.

(2) A defendant in a criminal case, a respondent in a children's court case or any other person who has been determined to be entitled to free process in the trial court may proceed on appeal without a further determination of indigency except as provided in Rule 12-303 NMRA. A copy of the district court order determining indigency shall be filed in the Court of Appeals with the docketing statement and in the Supreme Court with the statement of the issues.

C.Civil cases. Rule 23-114 NMRA shall govern free process on appeal in civil cases.

D.Appeals by the state. The state, or a political subdivision of the state, may proceed on appeal without the payment of the docket fee.

N.M. R. App. P. 12-304

As amended, effective 4/1/1998; as amended by Supreme Court Order No. 07-8300-042, effective 2/25/2008.

ANNOTATIONS The 2007 amendment, approved by Supreme Court Order No. 07-8300-042, effective February 25, 2008, added a new Subsection C, renumbered the former Subsection C as Subsection D and added "or a political subdivision of the state". The 1998 amendment, effective for pleadings due on and after April 1, 1998, in Paragraph A, substituted "workers' " for "worker's" in two places and substituted "Workers' " for "Workmen's"; in Paragraph B, deleted "attached to and" following "shall be", inserted "in the Court of Appeals", and substituted "and in the Supreme Court with the statement of the issues" for "in lieu of payment of the docket fee or other fees". Am. Jur. 2d, A.L.R. and C.J.S. references. - 5 Am. Jur. 2d Appellate Review § 407 et seq.; 21A Am. Jur. 2d Criminal Law §§ 804 et seq., 809, 810, 835. Determination of indigency of accused entitling him to transcript or similar record for purposes of appeal, 66 A.L.R.3d 954. 4 C.J.S. Appeal and Error § 320 et seq.