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New Mexico Statutes

N.M. Stat. § 45-1-308 (2026)

Appeals from district court.

✓ laws through the 2025 session (retrieved May 2026)
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Appellate review, including the right to appellate review, interlocutory appeal,
provisions as to time, manner, notice, appeal bond, stays, scope of review, record on
appeal, briefs, arguments and power of the appellate court, is governed by the rules
applicable to civil appeals to the court of appeals from the district court.

History: 1953 Comp., § 32A-1-308, enacted by Laws 1975, ch. 257, § 1-308.

                                       ANNOTATIONS

Cross references. — For the Rules of Appellate Procedure, see 12-101 NMRA.
Nonparty attorney's standing to appeal a district court's order striking the
attorney's entry of appearance. — Where a court-appointed guardian for an
incapacitated person, without the permission of the district court or approval of the
conservator for the incapacitated person, hired an attorney to represent the
incapacitated person, and where the district court struck the attorney's entry of
appearance, holding that the guardian did not have the authority to hire an attorney for
the incapacitated person, the nonparty attorney had the right to appeal on his own
behalf because he participated in certain court proceedings as an attorney hired to
represent the incapacitated person initiated by the court-appointed guardian's request
that the district court determine whether the guardianship continued to be necessary,
and the district court's order striking the attorney's entry of appearance and barring him
from further contact with the incapacitated person directly and sufficiently aggrieved the
attorney such that this section affords him the right to appeal that order, even though he
did not participate as a party below. Richards v. McEachern, 2020-NMCA-023.

Law reviews. — For survey, "Article VII of the New Probate Code: In Pursuit of Uniform
Trust Administration," see 6 N.M.L. Rev. 213 (1976).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 80 Am. Jur. 2d Wills § 1063.

Appealability of probate orders allowing or disallowing claims against estate, 84
A.L.R.4th 269.

5 C.J.S. Appeal and Error § 707 et seq.
Notes of Decisions
Cited in 4 cases, 2009–2019 · leading case: Richards v. McEachern, 2020-NMCA-023.
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Richards v. McEachern, 2020-NMCA-023. · cites it 4× “NMSA 1978, Section 45-1-308 (1975) states that “[a]ppellate review, including the right to appellate review, .”
Clinesmith v. Temmerman, 2013-NMCA-024, 298 P.3d 458. · cites it 2× “See § 45-1-308 (“Appellate review, including the right to appellate review [and] interlocutory appeal, .”
Rogers v. Red Boots Invs., 2020-NMCA-028, 464 P.3d 1064. · cites it 2× “” NMSA 1978, § 45-1-308 (1975). “And NMSA 1978, Section 39-3-2 (1966), which governs civil appeals from the district court, allows a right of appeal to ‘any aggrieved party’ by a district court’s decision, order, or judgment.”
Est. of D Jaramillo, No. 29,209 (N.M. Ct. App. Mar. 30, 2009). · cites it 2× “See Rule 1-054(B)(1); NMSA 1978, § 45-1-308 6 (1975) (providing that interlocutory appeals in probate matters are governed by the 7 rules of civil procedure).”
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