How to Appeal a Court Judgment for Restitution (Eviction)
New Mexico Legal Aid is providing this information to the public. ... This information DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP and DOES NOT MEAN THAT ATTORNEYS AT NEW MEXICO LEGAL AID ARE REPRESENTING YOU.
(This guide particularly applies to Bernalillo County Metropolitan Court but may help you inyour Magistrate Court Appeal; instructions about appealing a Magistrate Court Judgment are in development)
New Mexico Legal Aid is providing this "information packet" as a guide to how a Tenant who has been to court because her/his/their Landlord filed a Petition for Restitution and the Judge issued an order in favor of the Landlord called a Judgment on Restitution evicting the Tenant CAN APPEAL THE JUDGE/COURT'S DECISION
When you act as your own attorney (pro-se or self-represented), like an attorney, a judge will hold you completely responsible for all deadlines, laws and court rules that must be followed.
Court Clerks CANNOT advise you about these rules or other law that may apply. You will be advised to consult with an attorney if you have questions. Unfortunately, the legal aid programs that can provide this advice may not have the resources to provide any assistance.
Hopefully this Guide and the attached documents listed here will provide some help.
- Self-Help Information Pamphlet prepared by the Bernalillo County Metropolitan Court Self-Help Center
- Form 4-707 Notice of Appeal (fillable)
- Form 4-222 Application for Free Process (fillable)
- Form 4-223 Order Allowing Free Process (fillable)
- Statement of Appellate Issues (fillable)
- Blank Motion
- Request for Hearing (for Motion)
- Notice of Hearing (for Motion)
- Request for Interpreter
- Steps to File an Appeal from an Eviction Judgment
- Procedures for Filing Civil Motion
One or more of the following New Mexico Rules Annotated (NMRA) may also apply:
- Rules of Civil Procedure for the District Courts
- Rules of Civil Procedure for the Magistrate Courts
- Rules of Civil Procedure for the Metropolitan Courts