N.M. R. Crim. P. Dist. Ct. 5-828

As amended through November 1, 2024

Rule 5-828 - Appeals from magistrate, metropolitan or municipal court; dismissals for failure to comply with rules or failure to appear

A.By the court. When an appellant fails to comply with these rules, the district court shall notify the appellant that upon the expiration of ten (10) days from the date of the notice the appeal will be dismissed unless prior to that date appellant shows cause why the appeal should not be dismissed.

B.Failure to appear; trial de novo appeals. If the defendant fails to appear at the trial de novo, the district court shall set a hearing within thirty (30) days for the defendant to show good cause why the defendant's appeal should not be dismissed. The clerk of the district court shall mail notice of the hearing to the defendant and to the defendant's counsel at least ten (10) days prior to the hearing. If the defendant fails to show good cause for the failure to appear for trial, the district court may dismiss the appeal and remand the case to the lower court for enforcement of the judgment and sentence. If the district court finds good cause for the defendant's failure to appear, the district court shall reschedule the trial.

C.By motion of the appellee. If the appellant fails to comply with these rules, the appellee may file a motion in the district court to dismiss the appeal. The motion shall identify the rule violated. The appellant shall have ten (10) days from the date of service to respond to the motion.

N.M. R. Crim. P. Dist. Ct. 5-828

Adopted by Supreme Court Order No. 12-8300-018, effective for all cases pending or filed on or after August 3, 2012.