NM AT Law cheat sheet
NM AT Law · Keep the key ideas within reach.
Supreme Court Jurisdiction and Structure
New Mexico's Supreme Court sits as a five-justice panel; the Chief Justice is selected by the justices and presides over the Court's administrative business.
The Court has mandatory appellate jurisdiction over final judgments and orders in cases where a sentence of death was imposed, and over appeals from district court in civil cases exceeding the statutory monetary threshold.
Discretionary review: the Court issues certiorari to the Court of Appeals in cases involving substantial questions of law under the state constitution, conflicts between Court of Appeals decisions, or issues of significant public interest.
Original jurisdiction extends to writs of mandamus, prohibition, certiorari, and quo warranto against state officers and lower courts, and to superintending control over inferior courts.
The Court supervises the entire judicial branch through its rulemaking power under the New Mexico Constitution; rules of procedure and evidence are promulgated by the Court.
The Court disciplines attorneys and judges through the disciplinary board and judicial standards commission recommendations; it may suspend, disbar, or remove.
The Court decides questions of state constitutional law definitively; its interpretation of the New Mexico Constitution is final and not reviewable by federal courts except on federal questions.
Death penalty appeals bypass the Court of Appeals and go directly to the Supreme Court, which reviews both the conviction and the sentence.
The Court has authority to answer certified questions of state law from federal courts and to issue advisory opinions only where the constitution or statute expressly authorizes.
Court of Appeals Jurisdiction and Structure
The New Mexico Court of Appeals is an intermediate appellate court with a statutorily fixed number of judges (currently ten), sitting in panels of three.
Its jurisdiction is defined by statute: it hears appeals from district court in all civil and criminal cases except those within the Supreme Court's exclusive appellate jurisdiction.
Criminal appeals as of right from district court felony convictions go to the Court of Appeals unless a death sentence was imposed.
The Court of Appeals reviews appeals from administrative agencies and from certain limited jurisdiction courts as provided by statute.
Review is generally on the record; the Court does not conduct trials de novo except where the statute provides for a trial de novo from a limited jurisdiction court.
The Court may certify a case to the Supreme Court when it presents a significant question of state constitutional law or a conflict with precedent.
Decisions are binding on district courts within the state unless overruled by the Supreme Court or by the Court of Appeals sitting en banc.
The Court has power to issue writs necessary to exercise its jurisdiction, including writs of mandamus and prohibition directed to lower courts.
A party may seek Supreme Court review of a Court of Appeals decision by petition for writ of certiorari; the Supreme Court's grant is discretionary.
District Court Jurisdiction and Structure
New Mexico district courts are courts of general jurisdiction; there is at least one district court in each of the state's thirteen judicial districts.
District courts have original jurisdiction over all civil matters, felony criminal cases, and domestic relations matters, including divorce, custody, and child support.
They exercise appellate jurisdiction over appeals from limited jurisdiction courts (magistrate, metropolitan, municipal) and from probate court in certain matters.
District courts have exclusive jurisdiction over title to real property, probate of wills (except where probate court jurisdiction applies), and proceedings in rem.
Judges are elected in partisan elections for terms set by the constitution; vacancies are filled by gubernatorial appointment from a judicial nominating commission list.
The district court may issue writs of habeas corpus, mandamus, prohibition, and injunction, and may punish contempt.
Juvenile matters are heard in district court sitting as the children's court division, with special procedures under the Children's Code.
District courts may impanel grand juries and conduct jury trials in civil and criminal cases where the right to jury trial attaches.
Venue is generally proper in the county where the defendant resides or where the cause of action arose; venue may be transferred for convenience or prejudice.
Limited Jurisdiction Courts: Magistrate, Metropolitan, Municipal, Probate
Magistrate courts have jurisdiction over misdemeanors, petty misdemeanors, and civil cases up to a statutory dollar limit; they also conduct preliminary hearings in felony cases.
Magistrate judges are elected by district or county voters, depending on the statutory scheme, and need not be licensed attorneys.
Metropolitan courts exist in class A counties (currently Bernalillo County); they have jurisdiction over misdemeanors, ordinances, and civil claims within statutory limits.
Metropolitan court judges are elected and must be licensed attorneys; the court may have divisions for criminal, civil, and traffic matters.
Municipal courts hear violations of municipal ordinances and, where authorized, state misdemeanor traffic offenses; they do not have civil jurisdiction.
Municipal judges are appointed or elected as provided by the municipality's charter; they need not be attorneys.
Probate courts have jurisdiction over informal probate proceedings and uncontested estate matters; contested probate matters go to district court.
Probate judges are elected countywide and may serve part-time; their jurisdiction is limited by statute and does not extend to formal testacy contests.
Appeals from limited jurisdiction courts go to district court for trial de novo unless the statute provides for review on the record.
Supreme Court Jurisdiction and Structure
New Mexico's Supreme Court sits as a five-justice panel; the Chief Justice is selected by the justices and presides over the Court's administrative business.
The Court has mandatory appellate jurisdiction over final judgments and orders in cases where a sentence of death was imposed, and over appeals from district court in civil cases exceeding the statutory monetary threshold.
Discretionary review: the Court issues certiorari to the Court of Appeals in cases involving substantial questions of law under the state constitution, conflicts between Court of Appeals decisions, or issues of significant public interest.
Original jurisdiction extends to writs of mandamus, prohibition, certiorari, and quo warranto against state officers and lower courts, and to superintending control over inferior courts.
The Court supervises the entire judicial branch through its rulemaking power under the New Mexico Constitution; rules of procedure and evidence are promulgated by the Court.
The Court disciplines attorneys and judges through the disciplinary board and judicial standards commission recommendations; it may suspend, disbar, or remove.
The Court decides questions of state constitutional law definitively; its interpretation of the New Mexico Constitution is final and not reviewable by federal courts except on federal questions.
Death penalty appeals bypass the Court of Appeals and go directly to the Supreme Court, which reviews both the conviction and the sentence.
The Court has authority to answer certified questions of state law from federal courts and to issue advisory opinions only where the constitution or statute expressly authorizes.
Court of Appeals Jurisdiction and Structure
The New Mexico Court of Appeals is an intermediate appellate court with a statutorily fixed number of judges (currently ten), sitting in panels of three.
Its jurisdiction is defined by statute: it hears appeals from district court in all civil and criminal cases except those within the Supreme Court's exclusive appellate jurisdiction.
Criminal appeals as of right from district court felony convictions go to the Court of Appeals unless a death sentence was imposed.
The Court of Appeals reviews appeals from administrative agencies and from certain limited jurisdiction courts as provided by statute.
Review is generally on the record; the Court does not conduct trials de novo except where the statute provides for a trial de novo from a limited jurisdiction court.
The Court may certify a case to the Supreme Court when it presents a significant question of state constitutional law or a conflict with precedent.
Decisions are binding on district courts within the state unless overruled by the Supreme Court or by the Court of Appeals sitting en banc.
The Court has power to issue writs necessary to exercise its jurisdiction, including writs of mandamus and prohibition directed to lower courts.
A party may seek Supreme Court review of a Court of Appeals decision by petition for writ of certiorari; the Supreme Court's grant is discretionary.
District Court Jurisdiction and Structure
New Mexico district courts are courts of general jurisdiction; there is at least one district court in each of the state's thirteen judicial districts.
District courts have original jurisdiction over all civil matters, felony criminal cases, and domestic relations matters, including divorce, custody, and child support.
They exercise appellate jurisdiction over appeals from limited jurisdiction courts (magistrate, metropolitan, municipal) and from probate court in certain matters.
District courts have exclusive jurisdiction over title to real property, probate of wills (except where probate court jurisdiction applies), and proceedings in rem.
Judges are elected in partisan elections for terms set by the constitution; vacancies are filled by gubernatorial appointment from a judicial nominating commission list.
The district court may issue writs of habeas corpus, mandamus, prohibition, and injunction, and may punish contempt.
Juvenile matters are heard in district court sitting as the children's court division, with special procedures under the Children's Code.
District courts may impanel grand juries and conduct jury trials in civil and criminal cases where the right to jury trial attaches.
Venue is generally proper in the county where the defendant resides or where the cause of action arose; venue may be transferred for convenience or prejudice.
Limited Jurisdiction Courts: Magistrate, Metropolitan, Municipal, Probate
Magistrate courts have jurisdiction over misdemeanors, petty misdemeanors, and civil cases up to a statutory dollar limit; they also conduct preliminary hearings in felony cases.
Magistrate judges are elected by district or county voters, depending on the statutory scheme, and need not be licensed attorneys.
Metropolitan courts exist in class A counties (currently Bernalillo County); they have jurisdiction over misdemeanors, ordinances, and civil claims within statutory limits.
Metropolitan court judges are elected and must be licensed attorneys; the court may have divisions for criminal, civil, and traffic matters.
Municipal courts hear violations of municipal ordinances and, where authorized, state misdemeanor traffic offenses; they do not have civil jurisdiction.
Municipal judges are appointed or elected as provided by the municipality's charter; they need not be attorneys.
Probate courts have jurisdiction over informal probate proceedings and uncontested estate matters; contested probate matters go to district court.
Probate judges are elected countywide and may serve part-time; their jurisdiction is limited by statute and does not extend to formal testacy contests.
Appeals from limited jurisdiction courts go to district court for trial de novo unless the statute provides for review on the record.
Supreme Court Jurisdiction and Structure
New Mexico's Supreme Court sits as a five-justice panel; the Chief Justice is selected by the justices and presides over the Court's administrative business.
The Court has mandatory appellate jurisdiction over final judgments and orders in cases where a sentence of death was imposed, and over appeals from district court in civil cases exceeding the statutory monetary threshold.
Discretionary review: the Court issues certiorari to the Court of Appeals in cases involving substantial questions of law under the state constitution, conflicts between Court of Appeals decisions, or issues of significant public interest.
Original jurisdiction extends to writs of mandamus, prohibition, certiorari, and quo warranto against state officers and lower courts, and to superintending control over inferior courts.
The Court supervises the entire judicial branch through its rulemaking power under the New Mexico Constitution; rules of procedure and evidence are promulgated by the Court.
The Court disciplines attorneys and judges through the disciplinary board and judicial standards commission recommendations; it may suspend, disbar, or remove.
The Court decides questions of state constitutional law definitively; its interpretation of the New Mexico Constitution is final and not reviewable by federal courts except on federal questions.
Death penalty appeals bypass the Court of Appeals and go directly to the Supreme Court, which reviews both the conviction and the sentence.
The Court has authority to answer certified questions of state law from federal courts and to issue advisory opinions only where the constitution or statute expressly authorizes.
Court of Appeals Jurisdiction and Structure
The New Mexico Court of Appeals is an intermediate appellate court with a statutorily fixed number of judges (currently ten), sitting in panels of three.
Its jurisdiction is defined by statute: it hears appeals from district court in all civil and criminal cases except those within the Supreme Court's exclusive appellate jurisdiction.
Criminal appeals as of right from district court felony convictions go to the Court of Appeals unless a death sentence was imposed.
The Court of Appeals reviews appeals from administrative agencies and from certain limited jurisdiction courts as provided by statute.
Review is generally on the record; the Court does not conduct trials de novo except where the statute provides for a trial de novo from a limited jurisdiction court.
The Court may certify a case to the Supreme Court when it presents a significant question of state constitutional law or a conflict with precedent.
Decisions are binding on district courts within the state unless overruled by the Supreme Court or by the Court of Appeals sitting en banc.
The Court has power to issue writs necessary to exercise its jurisdiction, including writs of mandamus and prohibition directed to lower courts.
A party may seek Supreme Court review of a Court of Appeals decision by petition for writ of certiorari; the Supreme Court's grant is discretionary.
District Court Jurisdiction and Structure
New Mexico district courts are courts of general jurisdiction; there is at least one district court in each of the state's thirteen judicial districts.
District courts have original jurisdiction over all civil matters, felony criminal cases, and domestic relations matters, including divorce, custody, and child support.
They exercise appellate jurisdiction over appeals from limited jurisdiction courts (magistrate, metropolitan, municipal) and from probate court in certain matters.
District courts have exclusive jurisdiction over title to real property, probate of wills (except where probate court jurisdiction applies), and proceedings in rem.
Judges are elected in partisan elections for terms set by the constitution; vacancies are filled by gubernatorial appointment from a judicial nominating commission list.
The district court may issue writs of habeas corpus, mandamus, prohibition, and injunction, and may punish contempt.
Juvenile matters are heard in district court sitting as the children's court division, with special procedures under the Children's Code.
District courts may impanel grand juries and conduct jury trials in civil and criminal cases where the right to jury trial attaches.
Venue is generally proper in the county where the defendant resides or where the cause of action arose; venue may be transferred for convenience or prejudice.
Limited Jurisdiction Courts: Magistrate, Metropolitan, Municipal, Probate
Magistrate courts have jurisdiction over misdemeanors, petty misdemeanors, and civil cases up to a statutory dollar limit; they also conduct preliminary hearings in felony cases.
Magistrate judges are elected by district or county voters, depending on the statutory scheme, and need not be licensed attorneys.
Metropolitan courts exist in class A counties (currently Bernalillo County); they have jurisdiction over misdemeanors, ordinances, and civil claims within statutory limits.
Metropolitan court judges are elected and must be licensed attorneys; the court may have divisions for criminal, civil, and traffic matters.
Municipal courts hear violations of municipal ordinances and, where authorized, state misdemeanor traffic offenses; they do not have civil jurisdiction.
Municipal judges are appointed or elected as provided by the municipality's charter; they need not be attorneys.
Probate courts have jurisdiction over informal probate proceedings and uncontested estate matters; contested probate matters go to district court.
Probate judges are elected countywide and may serve part-time; their jurisdiction is limited by statute and does not extend to formal testacy contests.
Appeals from limited jurisdiction courts go to district court for trial de novo unless the statute provides for review on the record.
Supreme Court Jurisdiction and Structure
New Mexico's Supreme Court sits as a five-justice panel; the Chief Justice is selected by the justices and presides over the Court's administrative business.
The Court has mandatory appellate jurisdiction over final judgments and orders in cases where a sentence of death was imposed, and over appeals from district court in civil cases exceeding the statutory monetary threshold.
Discretionary review: the Court issues certiorari to the Court of Appeals in cases involving substantial questions of law under the state constitution, conflicts between Court of Appeals decisions, or issues of significant public interest.
Original jurisdiction extends to writs of mandamus, prohibition, certiorari, and quo warranto against state officers and lower courts, and to superintending control over inferior courts.
The Court supervises the entire judicial branch through its rulemaking power under the New Mexico Constitution; rules of procedure and evidence are promulgated by the Court.
The Court disciplines attorneys and judges through the disciplinary board and judicial standards commission recommendations; it may suspend, disbar, or remove.
The Court decides questions of state constitutional law definitively; its interpretation of the New Mexico Constitution is final and not reviewable by federal courts except on federal questions.
Death penalty appeals bypass the Court of Appeals and go directly to the Supreme Court, which reviews both the conviction and the sentence.
The Court has authority to answer certified questions of state law from federal courts and to issue advisory opinions only where the constitution or statute expressly authorizes.
Court of Appeals Jurisdiction and Structure
The New Mexico Court of Appeals is an intermediate appellate court with a statutorily fixed number of judges (currently ten), sitting in panels of three.
Its jurisdiction is defined by statute: it hears appeals from district court in all civil and criminal cases except those within the Supreme Court's exclusive appellate jurisdiction.
Criminal appeals as of right from district court felony convictions go to the Court of Appeals unless a death sentence was imposed.
The Court of Appeals reviews appeals from administrative agencies and from certain limited jurisdiction courts as provided by statute.
Review is generally on the record; the Court does not conduct trials de novo except where the statute provides for a trial de novo from a limited jurisdiction court.
The Court may certify a case to the Supreme Court when it presents a significant question of state constitutional law or a conflict with precedent.
Decisions are binding on district courts within the state unless overruled by the Supreme Court or by the Court of Appeals sitting en banc.
The Court has power to issue writs necessary to exercise its jurisdiction, including writs of mandamus and prohibition directed to lower courts.
A party may seek Supreme Court review of a Court of Appeals decision by petition for writ of certiorari; the Supreme Court's grant is discretionary.
District Court Jurisdiction and Structure
New Mexico district courts are courts of general jurisdiction; there is at least one district court in each of the state's thirteen judicial districts.
District courts have original jurisdiction over all civil matters, felony criminal cases, and domestic relations matters, including divorce, custody, and child support.
They exercise appellate jurisdiction over appeals from limited jurisdiction courts (magistrate, metropolitan, municipal) and from probate court in certain matters.
District courts have exclusive jurisdiction over title to real property, probate of wills (except where probate court jurisdiction applies), and proceedings in rem.
Judges are elected in partisan elections for terms set by the constitution; vacancies are filled by gubernatorial appointment from a judicial nominating commission list.
The district court may issue writs of habeas corpus, mandamus, prohibition, and injunction, and may punish contempt.
Juvenile matters are heard in district court sitting as the children's court division, with special procedures under the Children's Code.
District courts may impanel grand juries and conduct jury trials in civil and criminal cases where the right to jury trial attaches.
Venue is generally proper in the county where the defendant resides or where the cause of action arose; venue may be transferred for convenience or prejudice.
Limited Jurisdiction Courts: Magistrate, Metropolitan, Municipal, Probate
Magistrate courts have jurisdiction over misdemeanors, petty misdemeanors, and civil cases up to a statutory dollar limit; they also conduct preliminary hearings in felony cases.
Magistrate judges are elected by district or county voters, depending on the statutory scheme, and need not be licensed attorneys.
Metropolitan courts exist in class A counties (currently Bernalillo County); they have jurisdiction over misdemeanors, ordinances, and civil claims within statutory limits.
Metropolitan court judges are elected and must be licensed attorneys; the court may have divisions for criminal, civil, and traffic matters.
Municipal courts hear violations of municipal ordinances and, where authorized, state misdemeanor traffic offenses; they do not have civil jurisdiction.
Municipal judges are appointed or elected as provided by the municipality's charter; they need not be attorneys.
Probate courts have jurisdiction over informal probate proceedings and uncontested estate matters; contested probate matters go to district court.
Probate judges are elected countywide and may serve part-time; their jurisdiction is limited by statute and does not extend to formal testacy contests.
Appeals from limited jurisdiction courts go to district court for trial de novo unless the statute provides for review on the record.
Supreme Court Jurisdiction and Structure
New Mexico's Supreme Court sits as a five-justice panel; the Chief Justice is selected by the justices and presides over the Court's administrative business.
The Court has mandatory appellate jurisdiction over final judgments and orders in cases where a sentence of death was imposed, and over appeals from district court in civil cases exceeding the statutory monetary threshold.
Discretionary review: the Court issues certiorari to the Court of Appeals in cases involving substantial questions of law under the state constitution, conflicts between Court of Appeals decisions, or issues of significant public interest.
Original jurisdiction extends to writs of mandamus, prohibition, certiorari, and quo warranto against state officers and lower courts, and to superintending control over inferior courts.
The Court supervises the entire judicial branch through its rulemaking power under the New Mexico Constitution; rules of procedure and evidence are promulgated by the Court.
The Court disciplines attorneys and judges through the disciplinary board and judicial standards commission recommendations; it may suspend, disbar, or remove.
The Court decides questions of state constitutional law definitively; its interpretation of the New Mexico Constitution is final and not reviewable by federal courts except on federal questions.
Death penalty appeals bypass the Court of Appeals and go directly to the Supreme Court, which reviews both the conviction and the sentence.
The Court has authority to answer certified questions of state law from federal courts and to issue advisory opinions only where the constitution or statute expressly authorizes.
Court of Appeals Jurisdiction and Structure
The New Mexico Court of Appeals is an intermediate appellate court with a statutorily fixed number of judges (currently ten), sitting in panels of three.
Its jurisdiction is defined by statute: it hears appeals from district court in all civil and criminal cases except those within the Supreme Court's exclusive appellate jurisdiction.
Criminal appeals as of right from district court felony convictions go to the Court of Appeals unless a death sentence was imposed.
The Court of Appeals reviews appeals from administrative agencies and from certain limited jurisdiction courts as provided by statute.
Review is generally on the record; the Court does not conduct trials de novo except where the statute provides for a trial de novo from a limited jurisdiction court.
The Court may certify a case to the Supreme Court when it presents a significant question of state constitutional law or a conflict with precedent.
Decisions are binding on district courts within the state unless overruled by the Supreme Court or by the Court of Appeals sitting en banc.
The Court has power to issue writs necessary to exercise its jurisdiction, including writs of mandamus and prohibition directed to lower courts.
A party may seek Supreme Court review of a Court of Appeals decision by petition for writ of certiorari; the Supreme Court's grant is discretionary.
District Court Jurisdiction and Structure
New Mexico district courts are courts of general jurisdiction; there is at least one district court in each of the state's thirteen judicial districts.
District courts have original jurisdiction over all civil matters, felony criminal cases, and domestic relations matters, including divorce, custody, and child support.
They exercise appellate jurisdiction over appeals from limited jurisdiction courts (magistrate, metropolitan, municipal) and from probate court in certain matters.
District courts have exclusive jurisdiction over title to real property, probate of wills (except where probate court jurisdiction applies), and proceedings in rem.
Judges are elected in partisan elections for terms set by the constitution; vacancies are filled by gubernatorial appointment from a judicial nominating commission list.
The district court may issue writs of habeas corpus, mandamus, prohibition, and injunction, and may punish contempt.
Juvenile matters are heard in district court sitting as the children's court division, with special procedures under the Children's Code.
District courts may impanel grand juries and conduct jury trials in civil and criminal cases where the right to jury trial attaches.
Venue is generally proper in the county where the defendant resides or where the cause of action arose; venue may be transferred for convenience or prejudice.
Limited Jurisdiction Courts: Magistrate, Metropolitan, Municipal, Probate
Magistrate courts have jurisdiction over misdemeanors, petty misdemeanors, and civil cases up to a statutory dollar limit; they also conduct preliminary hearings in felony cases.
Magistrate judges are elected by district or county voters, depending on the statutory scheme, and need not be licensed attorneys.
Metropolitan courts exist in class A counties (currently Bernalillo County); they have jurisdiction over misdemeanors, ordinances, and civil claims within statutory limits.
Metropolitan court judges are elected and must be licensed attorneys; the court may have divisions for criminal, civil, and traffic matters.
Municipal courts hear violations of municipal ordinances and, where authorized, state misdemeanor traffic offenses; they do not have civil jurisdiction.
Municipal judges are appointed or elected as provided by the municipality's charter; they need not be attorneys.
Probate courts have jurisdiction over informal probate proceedings and uncontested estate matters; contested probate matters go to district court.
Probate judges are elected countywide and may serve part-time; their jurisdiction is limited by statute and does not extend to formal testacy contests.
Appeals from limited jurisdiction courts go to district court for trial de novo unless the statute provides for review on the record.