N.M. Ct. App. Criminal Appeals Beginning through Summary Calendar Opinion – PDF

(Updated 3-26-2021)

NEW MEXICO COURT OF APPEALS

FORMS FOR SELF-REPRESENTED LITIGANTS

CRIMINAL APPEAL

Beginning through Summary Calendar Opinion

THE COURT OF APPEALS STRONGLY ENCOURAGES YOU TO GET A

LAWYER TO HELP YOU WITH YOUR APPEAL. IF YOU DECIDE TO HANDLE YOUR

OWN APPEAL, YOU MAY USE THE FORMS ATTACHED TO THIS INFORMATION

SHEET. THE FORMS ARE DESIGNED TO HELP YOU PROVIDE THE COURT WITH

THE INFORMATION IT NEEDS TO DECIDE YOUR APPEAL.

YOU MUST FOLLOW THE RULES OF APPELLATE PROCEDURE. Newsome v.

Farer, 1985-NMSC-096, ¶ 18, 103 N.M. 415, 708 P.2d 327 (“Although pro se pleadings are

viewed with tolerance, a pro se litigant, having chosen to represent himself [or herself], is held

to the same standard of conduct and compliance with court rules, procedures, and orders as

are members of the bar.” (citation omitted)).

HOW TO FILL OUT THE FORMS: You must either type, word process, or neatly print

the attached forms. If you do not have access to a typewriter or word processor, your local public

library may be able to help you find a typewriter or word processor to use free of charge.

HOW TO FILE THE FORMS: You may file your forms in person, by mail, or by fax. In

person, completed forms can be filed at either of the following Court of Appeals Clerk’s Offices:

Santa Fe Office Albuquerque Office

237 Don Gaspar 2211 Tucker NE

Santa Fe, NM 87503 Albuquerque, NM 87106

505-827-4925 505-841-4618

Court Hours

Monday through Friday

8 a.m. to 12 noon and 1 p.m. to 5 p.m.

By mail, completed forms should be mailed to: P.O. Box 2008, Santa Fe, NM 87504.

By fax, completed forms should be faxed to 505-827-4946 (Santa Fe) or 505-841-4614

(Albuquerque).

WHEN TO FILE AND WHAT TO FILE: On the next page you will find a time line

explaining how an appeal flows through the Court of Appeals on the Summary Calendar. If your

case is assigned to a non-summary calendar or General Calendar, the Court will provide you with

further information about how to process your appeal. The time line tells you what form needs to

be filed and when it needs to be filed.

IMPORTANT REMINDER: When you open your case by filing the docketing

statement or a motion for extension of time to file the docketing statement, you must pay a

filing fee of $125 at that time. If you cannot pay the fee, you must file an application for free

process with the Court. In general, you will not have to pay other fees to the Court of Appeals

when filing forms after the docketing statement. However, you may be responsible for paying the

district court for the cost of preparing the Record Proper.

WHERE TO GET OTHER HELP: If you have procedural questions, you should call the

Clerk’s Office. The Clerk’s Office can contact a language interpreter if necessary. If you would

like to find a lawyer, you should call the Lawyers Care Referral Program of the State Bar of New

Mexico at 505-797-6066 or 1-800-876-6227. You must also read, be familiar with, and follow

the New Mexico Rules of Appellate Procedure. The Supreme Court Law Library in Santa Fe

(505-827-4850) or the UNM School of Law Library in Albuquerque (505-277-6236) can help you

find a copy of the rules. The Rules of Appellate Procedure can also be reviewed at the New Mexico

Compilation Commission’s website at: https://nmonesource.com. These Rules are identified as

Rules Set 12.

[binding.law: PDF page 4 has no text layer (a scanned page) and is not served]

(Case Information Sheet)

CASE INFORMATION SHEET: This document must be provided to the Court of Appeals

with your Docketing Statement. File an updated sheet whenever the information on the sheet

changes (fo r example, if your address changes.) If you need more space for parties or

attorneys, please use page two. You must type, word process, or neatly print information in

this form.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

CASE INFORMATION SHEET

(Case Number---Court use only.) LEAVE BLANK

(File Stamp---Court use only.) LEAVE BLANK

1. Case Caption: ( As shown on the order you are

appealing from, i.e., names of parties.)

2. District Court Case No.:

3. County: 4. District Court Judge:

(Case Information Sheet)

5. Appellant(s) (y our name(s), address(es), and

telephone number(s)):

6. Do you currently have an attorney?

Yes _____ No. ______

If you were previously represented by an attorney,

provide your most recent attorney’s name, address,

and telephone number.

7. Appellee(s) (opposing party) (name(s),

address(es), and telephone number(s)):

8. If the opposing party has or had an attorney,

provide the name, address, and telephone number

of that attorney.

9. Did you file a Notice of Appeal?

Yes No _____

PLEASE ATTACH A COPY OF YOUR FILE-STAMPED NOTICE OF APPEAL.

10. If yes, where did you file it?

Additional Appellant(s) Names Attorney’s Name and Address Attorney’s Telephone No.

(Case Information Sheet)

APPLICATION FOR FREE PROCESS: If the District Court has granted you free process

in the last 6 months, please provide the Court of Appeals with the District Court’s Order. If

you do not have a District Court order granting free process, you must either pay the filing

fee or file the following APPLICATION with the Court of Appeals.

This form must be NOTARIZED. Sign your signature before a notary public. The Court of

Appeals Clerk’s Office can notarize this form for you. You must have a photo identification

card with you upon signing.

THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

STATE OF NEW MEXICO, [or] CITY OF _______________________,

Plaintiff-Appellee,

v. District Court Number: ___

District Court Judge:

________________________________,

(Your full name)

Defendant-Appellant.

_________________________________/

APPLICATION FOR FREE PROCESS

AND AFFIDAVIT OF INDIGENCY

(Application for Free Process)

I request that the Court enter an order permitting me to file this case without

prepayment of fees and costs, and give upon my oath or affirmation the following

statement:

My marital status is (check one): ___ Single ___ Married ___ Divorced

___ Separated ___ Widowed

Are you currently living in an institution, for example, a correctional facility, where

you do not have to pay for your usual living expenses? (check one)

___ Yes ___ No

INFORMATION ABOUT MY FINANCES (Check all that apply to you and fill in

the blanks):

A. PUBLIC ASSISTANCE

___ I do not receive public assistance (If you check this blank, go directly to Section

B. EMPLOYMENT/UNEMPLOYMENT).

___ I currently receive the following public assistance in _______________ County

(please check all applicable public assistance programs):

___ Temporary Assistance for Needy Families (TANF)

___ Food Stamps ___ Medicaid

___ General Assistance (GA) ___ Supplemental Security Income (SSI)

(Application for Free Process)

___ Social Security Disability Income (SSDI)

___ Public Housing ___ Disability Security Income (DSI)

___ Department of Health Case Management Services (DHMS)

___ Other (please describe): ___________________________________.

B. EMPLOYMENT/UNEMPLOYMENT

___ I am currently unemployed and have been employed for ____ months in the

past year. I am unemployed because _____________________________________

___________________________________________________________________

___ I receive unemployment benefits in the amount of $______ per month.

___ I have no income because I am unemployed. ___ I am employed.

My employer’s name, address, and phone number is:

_____________________________________________________

_____________________________________________________

_____________________________________________________

I am paid: ___ weekly ___ every other week ___ twice a month ___ once a month.

When I am paid, my net take-home pay minus deductions required by law, like state

and federal tax withholding and FICA, is $_________.

(Application for Free Process)

___ I am married and my spouse is unemployed and has been unemployed for

____ months in the past year because ______________________________.

___ My spouse receives unemployment benefits in the amount of $_____ per month.

___ I am married, and my spouse is employed.

My spouse’s employer’s name, address and phone number is:

_____________________________________________________

_____________________________________________________

_____________________________________________________

My spouse is paid: ___ weekly ___ every other week

___ twice a month ___ once a month.

When my spouse is paid, his or her net take-home pay minus deductions required by

law, like state and federal tax withholding and FICA, is $___________.

C. OTHER SOURCES OF INCOME

___ I have income from another source not mentioned above.

___ Child Support $_________ ___ Alimony $_________

___ Investments $_________

(Application for Free Process)

___ Community property from my spouse $_________

___ Other ________________________ $_________

___ I do not have any other sources of income.

___ I am married, and my spouse has income from another source not

mentioned above.

___ Child Support $_________ ___ Alimony $_________

___ Investments $_________

___ Other __________________________ $_________

___ Other __________________________ $_________

___ I am married, and my spouse does not have any other sources of income.

D. OTHER ASSETS (Please list other assets owned by you or your spouse that

can be turned into cash. Do not include money you have in retirement

accounts.)

___ Cash on hand $ __________

___ Bank Accounts $ __________

___ Income tax refund $ __________

___ Other assets (describe below):

___________________________________ $__________

(Application for Free Process)

IF YOU DO NOT HAVE ACCESS TO YOUR OWN OR YOUR SPOUSE’S

INCOME OR ASSETS, EXPLAIN WHY.

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

E. MONTHLY EXPENSES

___ House Payment/Rent $________ ___ Utilities $_______

___ Telephone $________ ___ Gasoline $_______

___ Groceries (after food stamps) $________

___ Car Payment(s) $_______

___ Insurance $ ________ ___ Child Care $_______

___ Student & Consumer Loans $_______

___ Court-ordered family support obligations $_______

___ Other court-ordered payments $_______

___ Medical expenses $_______

___ Other _____________________________ $_______

(Application for Free Process)

(Application for Free Process)

F. HOUSEHOLD

I live at: ____________________________________________________

and the head of the household is: ___________________________________

Other than myself, the other members of the household are:

Name Age Employment I Support

___________________________ ______ _____________ ___

___________________________ ______ _____________ ___

___________________________ ______ _____________ ___

___________________________ ______ _____________ ___

___________________________ ______ _____________ ___

___________________________ ______ _____________ ___

State of ________________________)

) ss

County of ______________________)

This statement is made under oath. I hereby state that the above information

regarding my financial condition is correct to the best of my knowledge. I

hereby authorize the Court to obtain information from financial institutions,

employers, relatives, th e federal internal revenue service and other state

agencies. If at any time the Court discovers that information in this application

for free process was false, misleading, inaccurate, or incomplete at the time the

application was submitted, the Court may require me to pay for any costs or

fees that were waived under an order of free process that was granted based on

the information in this application. Sign before a notary public.

________________________________________

(Your Signature)

________________________________________

(Your Printed Name)

Address:_________________________________

City, State, Zip Code: ______________________

Telephone No.:___________________________

Signed and sworn to (or affirmed) before me on _____________, 20____

by ______________________________________(Name of Applicant).

_______________________________

(Notary Public)

My commission expires: ___________________

(Application for Free Process)

(Notice of Appeal)

NOTICE OF APPEAL: This is a Notice of Appeal for a CRIMINAL APPEAL to the New

Mexico Court of Appeals. You must type, word process, or neatly print all of the information

required on this form. THIS FORM IS FILED IN THE DISTRICT COURT. Serve copies

on the other parties to the case.

STATE OF NEW MEXICO

_____________________ JUDICIAL DISTRICT COURT (First, Second, etc.)

COUNTY OF ___________________

STATE OF NEW MEXICO, [or] CITY OF_____________________,

Plaintiff,

v. District Court Number:

District Court Judge:

___________________________________,

(Your full name)

Defendant.

NOTICE OF APPEAL

The party appealing is:

(Your full name)

I am appealing against (enter name of the City if you are not appealing against the

State):

State of New Mexico or City of ________________________

I am appealing the orders or judgments listed below: (Attach copies of the

orders/judgments to this Notice.)

1. Date of Order/Judgment___________________________________

2. Date of Order/Judgment___________________________________

3. Date of Order/Judgment ___________________________________

4. Date of Order/Judgment___________________________________

I am appealing to the New Mexico Court of Appeals.

If you will have counsel on appeal, enter your attorney’s full name and contact

information here:

Name:____________________________________________________

Address:__________________________________________________

City, State, Zip:____________________________________________

Telephone:________________________________________________

(Notice of Appeal)

(Notice of Appeal)

If you are indigent and the Public Defender has been appointed to represent you,

attach a copy of the order of appointment to this Notice. FILE THIS DOCUMENT

IN THE DISTRICT COURT and provide a copy to the Court of Appeals.

_____________________________________

(Your Signature)

_____________________________________

(Your Printed Name)

Address:_________________________________

City, State, Zip Code: ______________________

Telephone No.:____________________________

CERTIFICATE OF SERVICE FOR NOTICE OF APPEAL

I, (your full name), hereby certify that the

foregoing NOTICE OF APPEAL has been [mailed] or [personally delivered] (choose

one) to the following people or entities at the listed addresses on this _____ day of

__________________, 20.

If you are incarcerated and are using the institution’s mail system, please

complete the following statement: I further hereby certify that th is document was

deposited in the __________________________________ (name of institution)

internal mail system on this ______ day of _________________, 20___.

The following are the names and addresses of entities that you are required to serve

with the Notice of Appeal by mail or hand delivery:

Clerk of the New Mexico Court of Appeals

P.O. Box 2008

Santa Fe, NM 87504-2008

Appellate Division Attorney General

P.O. Box 1508

Santa Fe, NM 87501

Appellate Division Public Defender

1422 Paseo de Peralta Bldg. 1

Santa Fe, NM 87501

If the State is not a party:

__________________________________ (Name of Opposing Counsel)

__________________________________ (Street Address or P.O. Box)

__________________________________ (City, State, and Zip Code)

The following are additional names and addresses that you must complete,

who are also required to receive service of the Notice of Appeal by mail or hand

delivery:

________________________________ (Name of the District Court Judge)

________________________________ (Street Address or P.O. Box)

________________________________ (City, State, and Zip Code)

________________________________ (Name of Court Reporter/Monitor)

________________________________ (Street Address or P.O. Box)

________________________________ (City, State, and Zip Code)

________________________________________

(Your Signature)

________________________________________

(Your Printed Name)

Address:_________________________________

City, State, Zip Code: ______________________

Telephone No.:____________________________

(Notice of Appeal)

(Docketing Statement)

DOCKETING STATEMENT: This is a Docketing Statement for a CRIMINAL APPEAL to

the New Mexico Court of Appeals. You must type, word process, or neatly print all of the

information required on this form. If you need to use extra pages, you must type or neatly

write them. Attach the Case Information Sheet as the first page or pages of the docketing

statement. File the original of this Docketing Statement with the Court of Appeals. YOU

MUST ALSO PROVIDE A COPY OF THIS DOCUMENT TO THE DISTRICT COURT.

Serve copies on the other parties to the case.

THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

STATE OF NEW MEXICO, [or] CITY OF ___________________,

Plaintiff-Appellee,

v. Court of Appeals No.:___________________

District Court No.: _____________________

_________________________________,

(Your full name)

Defendant-Appellant.

_________________________________/

DOCKETING STATEMENT

1. What order are you appealing from? (What is the title of the order and

describe what the order did, i.e., issued judgment and/or sentence.)

(Docketing Statement)

2. What date was the order filed in the district court? (put in the date that

is file stamped on the order) _________________________. What date was the

notice of appeal filed in the district court? (put in the date that is file stamped on the

notice of appeal) ___________________.

Question Nos. 3-4 are designed to help you tell the Court why you are

appealing (what you are complaining about), and also tell the Court some other

necessary information. List the legal authority (cases, statutes, rules, constitutions)

that supports your complaints in “Section 5: Legal Authority.” See Rule 12-208(D)(5)

NMRA. The questions usually ask you to tell what you did to complain about things

to the district court. If you did not complain, please say so.

3. Statement of the Facts [Rule 12-208(D)(3) NMRA]: Tell us about all

the evidence that the State presented to convict you, who testified against you, and

what did they say? Attach additional pages if necessary, referencing “Section 3

Statement of Facts.”

[NOTE TO PRO SE APPELLANT: In this section, you should include all material

facts. This means all facts that are necessary to explain the issues that are being raised on

appeal. This includes all facts that support the district court=s ruling/order/judgment. It also

includes, as applicable, any arguments that were made in the district court by either or both

parties pertinent to the issues raised on appeal and anything the district court may have stated

in response to such arguments. This also includes all evidence, testimony, and facts that are

part of the record below that are pertinent to the issues raised on appeal, including those that

(Docketing Statement)

support the district court =s conclusion(s). Pro Se Appellant should be concise and non -

repetitive.

Failure to provide this Court with sufficient facts may result in affirmance of the

decision below. See State v. Chamberlain, 1989-NMCA-082, & 11,109 N.M. 173, 783 P.2d 483

(holding that the appellant =s failure to provide the court with a summary of all the facts

material to consideration of an issue on appeal necessitated a denial of relief); see Thornton v.

Gamble, 1984- NMCA-093, & 18, 101 N.M. 764, 688 P.2d 1268 (stating that Athe docketing

statement must state all facts material to the issues@ and explaining that A[t]his means that the

docketing statement should recite any evidence which supports the trial court =s findings@);

Loverin v. Debusk, 1992- NMCA-023, & 3, 114 N.M. 1, 833 P.2d 1182 ( AIn this court =s

calendaring system, it is important to have all the facts, including those that support what the

trial court did.@).]

4. Statement of the Issues & Statement of Preservation [Rule 12 -

208(D)(4) NMRA]: Attach additional pages if necessary, referencing “Section 4

Statement of Issues & Preservation.”

[NOTE TO PRO SE APPELLANT: In this section, you should state all of the issues

being raised on appeal. Be short and concise and do not be repetitive. The issues should be

stated as legal issues (i.e., the district court erred in. . .). Note that A[g]eneral conclusory

statements such as >the judgment of the trial court is not supported by the law or the facts =

will not be accepted. @ Rule 12-208(D)(4). For each issue, you must also explain how you

complained about it to the district court. If you did not complain about the issue to the district

court, please say so.]

Possible, Potential Issues to Consider:

• Did the judge or the prosecutor do anything wrong prior to the trial?

Yes ____ No ____ If you answered yes, please tell us what went wrong and what

you did to complain about it.

• Did the judge or the prosecutor do anything wrong during the

questioning or the picking of the jury? Yes ____ No ____ If you answered yes,

please tell us what went wrong and what you did to complain about it.

• Did the judge or the prosecutor do anything wrong during the opening

statements? Yes ____ No ____ If you answered yes, please tell us what went wrong

and what you did to complain about it.

• Did the judge admit evidence that you wanted to keep out?

Yes ____ No ___ If you answered yes, please tell us what the evidence was, why

you wanted to keep it out, and how you complained to the judge about it.

• Did you want to offer evidence that the judge would not let you present?

Yes___ No ____ If you answered yes, please tell us what the evidence was and why

you think the judge would not let you present it.

• Are you complaining that the evidence against you was not good enough

or that the witnesses against you lied? Yes____ No ____ If you answered yes, please

tell us exactly why the evidence was not good enough or why you think the witnesses

were lying.

(Docketing Statement)

(Docketing Statement)

• Was there anything wrong with the instructions given to the jury?

Yes ____ No __ __ If you answered yes, please tell us what was wrong and what

you did to complain about it.

• Was there anything wrong with the closing statements?

Yes ____ No ____ If you answered yes, please tell us what was wrong and what

you did to complain about it.

• Did the judge or prosecutor make any mistakes in sentencing you?

Yes ____ No ____ If you answered yes, please tell us what mistakes were made

and what you did to complain about them.

• Did you move for a new trial or reconsideration and was a mistake made

in denying your motion? Yes ____ No ____ If you answered yes, please tel l us

what mistakes were made and how you complained about them.

• Are there any other reasons why you are appealing?

Yes ___ No ____ If you answered yes, please tell us what they are.

• What action do you want the Court of Appeals to take?

5. Legal Authority [Rule 12- 208(D)(5)]: Attach additional pages if

necessary, referencing “Section 5 Legal Authority.”

[NOTE TO PRO SE APPELLANT: In this section, you should state all law that

supports and contradicts the issues you are raising on appeal, which includes cases, statutes,

the administrative code, etc. See State v. Casares, 2014-NMCA-024, ¶ 18, 318 P.3d 200 (stating

that “[w]e will not consider an issue if no authority is cited in support of the issue, because

(Docketing Statement)

absent cited authority to support an argument, we assume no such authority exists”). Include

the paragraph number or page number where applicable. You must also include a quote or a

paraphrased statement from each legal authority that you cite, which supports (or

contradicts) your issue.

Note that, a lthough the rule regarding docketing statement s (Rule 12-208) does not

permit argument, citing to law and including the quotation or statement about why you are

citing to that law serves the purpose of indicating to this Court what your argument is. In

other words, the practical effect of the requirement in the rule that an appellant state the

proposition an authority has been cited for (include the quotation or statement from the law

that explains why the law has been cited) is to allow the appellant the opportunity to point out

how the lower court ruling is not in accordance with the law. Given that this Court operates

under a presumption of correctness in favor of the lower court rulings, and given the

appellant has the burden of demonstrating error on a ppeal, failure to provide this

information can result in affirmance. See State v. Aragon, 1999-NMCA-060, & 10, 127 N.M.

393, 981 P.2d 1211 (stating that there is a presumption of correctness in the rulings or

decisions of the trial court, and the party cla iming error bears the burden of showing such

error); Farmers, Inc. v. Dal Mach. & Fabricating, Inc., 1990-NMSC-100, & 8, 111 N.M. 6, 800

P.2d 1063 (stating that the burden is on the appellant to clearly demonstrate that the trial

court erred).]

6. The proceedings were _____ were not _____ tape recorded. If you

checked that the proceedings were not tape recorded, please tell us which hearings or

which days of trial were NOT tape recorded.

7. Are there any other appeals that are related to this one, either

because they are appeals of other defendants from the same trial or related trials

or because they are earlier appeals in the same case or any other reason. Yes

____ No ____ If you answered yes, please tell us the names and case numbers

for those appeals.

________________________________________

(Your Signature)

________________________________________

(Your Printed Name)

Address: ________________________________

City, State, Zip Code: ______________________

Telephone No.: ___________________________

NOTE: Be sure to pay the filing fee or file an Application and Order for Free Process.

The following certificate of service is required.

(Docketing Statement)

CERTIFICATE OF SERVICE FOR DOCKETING STATEMENT

I, (your full name), hereby certify that the foregoing

DOCKETING STATEMENT has been [mailed] [personally delivered] (choose one)

to the following people or entities at the listed addresses on this day of

__________________, 20 (insert the date you mailed or delivered the docketing

statement).

Complete the following spaces with the names and addresses of the people you are

required to mail or deliver the docketing statement. You must completely fill in the

information. The district court clerk or the judge’s trial court administrative assistant

may be able to assist you with these names and addresses.

District Court Clerk

____________________________ (Street Address or P.O. Box)

____________________________ (City, State, and Zip Code)

Appellate Division Attorney General

P.O. Box 1508

Santa Fe, NM 87504

Appellate Division Public Defender

1422 Paseo de Peralta Bldg. 1

Santa Fe, NM 87501

If the State is not a party:

__________________________________ (Name of Opposing Counsel)

__________________________________ (Street Address or P.O. Box)

__________________________________ (City, State, and Zip Code)

(Docketing Statement)

__________________________________ (Name of District Court Judge)

__________________________________ (Street Address or P.O. Box)

__________________________________ (City, State, and Zip Code)

_________________________________ (Name of Court Reporter/Monitor)

_________________________________ (Street Address or P.O. Box)

_________________________________ (City, State, and Zip Code)

________________________________________

(Your Signature)

________________________________________

(Your Printed Name)

Address: ________________________________

City, State, Zip Code: ______________________

Telephone No.: ___________________________

(Docketing Statement)

(Memorandum in Opposition)

MEMORANDUM IN OPPOSITION: This is a Memorandum in Opposition to a Notice of

Proposed Disposition for a CRIMINAL APPEAL to the New Mexico Court of Appeals. You

must type or neatly write all of the information required on this form. If you need to use extra

pages, you must type or neatly write the information. File the original of this Memorandum

in Opposition with the Court of Appeals. Serve copies on the other parties to the case.

Please fill out the following caption exactly as it appears on the notice of proposed disposition.

THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

STATE OF NEW MEXICO, [or] CITY OF ________________________

Plaintiff-Appellee,

v. Court of Appeals No. :

_______________________________,

(Your full name)

Defendant-Appellant.

_________________________________/

MEMORANDUM IN OPPOSITION TO SUMMARY DISPOSITION

On _____________________, _____ (the date stamped on the notice of

proposed disposition), this Court proposed summary __________________ (put the

(Memorandum in Opposition)

type of disposition proposed). Defendant opposes this proposed disposition for the

following reasons.

Explain the reasons why you disagree with the Court's reasons in its Notice of

Proposed Disposition. If the Court's proposal is mistaken about t he facts, explain

why. If the Court's proposal is wrong about the law, explain why. Cite the legal

authority (case, statutes, administrative code section, etc.) that supports your

argument. See State v. Casares, 2014 -NMCA-024, ¶ 18, 318 P.3d 200 (stating that

“[w]e will not consider an issue if no authority is cited in support of the issue, because

absent cited authority to support an argument, we assume no such authority exists”).

If the Notice of Proposed Disposition has listed more than one issue, the issues will

be numbered or lettered. You should list each issue in the same way the Court has

and respond to each issue that you think the Court’s proposal was mistaken about.

Issue ___:

Issue __:

Issue ___:

(Attach additional pages if necessary.)

(Memorandum in Opposition)

If you are the Appellant and summary affirmance was proposed, do you have

other complaints that you want to make that you did not put in your docketing

statement? Yes _____ No _____

If you answered yes, please answer the following questions in the space

provided below for each complaint that you want to make at this time:

(1) Why did you not put the complaints in your docketing statement?

(2) Did you tell the district court judge about your complaints and, if so, when?

(3) What exactly are your complaints that were not put in the docketing statement?

(4) Provide legal authority to support your reasons to amend your docketing

statement.

[NOTE TO PRO SE APPELLANT: See State v. Moore, 1989-NMCA-073, ¶¶ 41-42, 109 N.M.

119, 782 P.2d 91 (stating that, in order for this Court to grant a motion to amend the docketing

statement, the movant must meet certain criteria that establishes good cause for our

allowance of such amendment), overruled on other grounds by State v. Salgado, 1991-NMCA-

044, ¶ 2, 112 N.M. 537, 817 P.2d 730. “The essential requirements to show good cause for our

allowance of an amendment to an appellant’s docketing statement are that (1) the motion be

timely, (2) the new issue sought to be raised was either (a) properly preserved below or (b)

allowed to be raised for the first time on appeal, and (3) the issues raised are viable.” Id. ¶

42.]

(Memorandum in Opposition)

(Attach additional pages if necessary.)

________________________________________

(Your Signature)

________________________________________

(Your Printed Name)

Address: _________________________________

City, State, Zip Code: _______________________

Telephone No.: ____________________________

The following certificate of service is required.

(Memorandum in Opposition)

(Memorandum in Opposition)

CERTIFICATE OF SERVICE FOR

MEMORANDUM IN OPPOSITION TO SUMMARY DISPOSITION

I, _____________________________ (your full name), hereby certify that the

foregoing MEMORANDUM IN OPPOSITION was [mailed] or [personally

delivered] (choose one) to the following people or entities at the addresses indicated

on this _____ day of ____________________, 20___ (insert the date you mailed or

delivered the memorandum in opposition).

Attorney General Appellate Division

P.O. Box 1508

Santa Fe, NM 87504

If the State is not a party:

__________________________________ (Name of Opposing Counsel)

__________________________________ (Street Address or P.O. Box)

__________________________________ (City, State, and Zip Code)

_________________________________________

(Your Signature)

_________________________________________

(Your Printed Name)

Address: _________________________________

City, State, Zip Code: _______________________

Telephone No.: ____________________________

MOTION FOR REHEARING: This is a Motion for Rehearing to the New Mexico Court of

Appeals. A Motion for Rehearing must be filed within fifteen (15) days of the appellate court’s

disposition/opinion. See Rule 12-404(A) NMRA. You must type, word process, or neatly print

all of the information required on this form. If you need to use extra pages, you must type or

neatly write the information. File the original of this Motion for Rehearing with the Court of

Appeals. Serve copies on the other parties to the case.

THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

Please fill out the following caption exactly as it appears on the Court’s opinion.

STATE OF NEW MEXICO, [or] CITY OF _____________________,

Plaintiff-Appellee,

v. Court of Appeals No. :

________________________________,

(Your full name)

Defendant-Appellant.

_________________________________/

MOTION FOR REHEARING

_________________________________ (your full name) moves for

rehearing in this case on the grounds that the Court overlooked or misunderstood the

following points of law or fact.

(Motion for Rehearing)

(Motion for Rehearing)

[NOTE TO PRO SE APPELLANT: Explain each of the points of law or fact that you

think the Court overlooked or misunderstood. A motion for rehearing is not a time to reargue

your case. If you simply disagree with the Court's opinion, you may ask the Supreme Court

to take your case. You have fifteen (15) days from the date file-stamped on the opinion to

take your case to the Supreme Court by filing a petition for writ of certiorari with the clerk

of the Supreme Court. A motion for rehearing is appropriate only if the Court overlooked or

misunderstood something. You should be brief and list by number the points overlooked or

misunderstood.]

1.

2.

3.

4.

5.

6.

(Attach additional pages if necessary.)

_________________________________________

(Your Signature)

_________________________________________

(Your Printed Name)

Address: _________________________________

City, State, Zip Code: _______________________

Telephone No.: ____________________________

The following certificate of service is required.

(Motion for Rehearing)

(Motion for Rehearing)

CERTIFICATE OF SERVICE FOR MOTION FOR REHEARING

I, _____________________________ (your full name), hereby certify that the

foregoing MOTION FOR REHEARING was [mailed] or [personally delivered]

(choose one) to the following people or entities at the addresses indicated on this

_____ day of _________________ ___, 20___ (insert the date you mailed or

delivered the motion for rehearing).

If you are incarcerated and are using the institution’s mail system, please

complete the following statement: I further hereby certify that this document was

deposited in the __________________________________ (name of institution)

internal mail system on this ______ day of _________________, 20___.

Attorney General Appellate Division

P.O. Box 1508

Santa Fe, NM 87504

If the State is not a party:

__________________________________ (Name of Opposing Counsel)

__________________________________ (Street Address or P.O. Box)

__________________________________ (City, State, and Zip Code)

_________________________________________

(Your Signature)

_________________________________________

(Your Printed Name)

Address: _________________________________

City, State, Zip Code: _______________________

Telephone No.: ____________________________

MOTION FOR EXTENSION OF TIME: This is a Motion for Extension if you need more

time to complete an action on appeal. You must type, word process, or neatly print all of the

information required on this form. You must file the original of this form with the Court of

appeals. Serve copies on the other parties to the case.

IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

STATE OF NEW MEXICO, [or] CITY OF _____________________,

Plaintiff-Appellee,

v. Court of Appeals No. :

________________________________,

(Your full name)

Defendant-Appellant.

_________________________________/

MOTION FOR EXTENSION OF TIME

1. ____________________________ (your full name) requests an

extension of time to file the following documents or items.

2. The amount of time I need is days or until

(insert a specific date).

(Motion for Extension of Time)

3. The document or item that I need an extension on is: (choose one)

____ Docketing Statement

____ Record Proper

____ Memorandum in Response to Notice of Proposed Disposition

____ Designation of Audio Files or Transcripts

____ Designation of Exhibits

____ Brief in Chief

____ Answer Brief

____ Reply Brief

____ Motion for Rehearing

____ Other: (describe) _________________________________________

4. The reason that I need an extension is: (be specific)

5. Opposing counsel agrees ______ or does not agree _____ with this

motion for extension.

(Motion for Extension of Time)

(Motion for Extension of Time)

_________________________________________

(Your Signature)

_________________________________________

(Your Printed Name)

Address: _________________________________

City, State, Zip Code: _______________________

Telephone No.: ____________________________

The following certificate of service is required.

CERTIFICATE OF SERVICE FOR MOTION FOR EXTENSION OF TIME

I, _____________________________ (your full name), hereby certify that the

foregoing MOTION FOR EXTENSION OF TIME was [mailed] or [personally

delivered] (choose one) to the following people or entities at the addresses indicated

on this _____ day of ____________________, 20___ (insert the date you mailed or

delivered the motion for rehearing).

Attorney General Appellate Division

P.O. Box 1508

Santa Fe, NM 87504

If the State is not a party:

__________________________________ (Name of Opposing Counsel)

__________________________________ (Street Address or P.O. Box)

__________________________________ (City, State, and Zip Code)

_________________________________________

(Your Signature)

_________________________________________

(Your Printed Name)

Address: _________________________________

City, State, Zip Code: _______________________

Telephone No.: ____________________________

(Motion for Extension of Time)