New Mexico Statutes

N.M. Stat. § 39-3-12 (2026)

Indigent appeals; free process.

✓ current as of May 2026

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     In any appeal, the court may grant free process, including the cost of any necessary
transcripts of record, to any appellant upon a proper showing of indigency, unless the
trial court certifies in writing that the appeal is not taken in good faith. Necessary costs,
including costs of transcripts, shall be paid by the administrative office of the courts. Any
costs awarded to an indigent appellant shall be taxed in favor of the state.

History: 1953 Comp., § 21-10-9, enacted by Laws 1977, ch. 163, § 1.

                                     ANNOTATIONS

Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review § 407
et seq.

Notes of Decisions

Cited in 2 cases, 1982–1983 · leading case: Matter of Adoption of Doe, 657 P.2d 134 (N.M. Ct. App. 1982).

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Matter of Adoption of Doe, 657 P.2d 134 (N.M. Ct. App. 1982). “The father, a pauper, was granted free process in this appeal pursuant to § 39-3-12, N.M.S.A.1978. In the exercise of discretion, we may award attorney fees when “permitted by law.”

Robison v. Campbell, 661 P.2d 479 (N.M. Ct. App. 1983). · cites it 2× “1978; see § 39-3-12, N.M.S.A. 1978. The judgment entered after trial upon remand is vacated; the cause is remanded to the trial court for entry of an amended judgment.”

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