Rule 10-352 NMRA
Rule 10-352. Judgments and appeals.
Length: 274 wordsOfficial source
A. Entry of judgment. The judge shall enter a written judgment on petitions
alleging abuse or neglect and a written judgment on motions to terminate parental
rights. The clerk shall give notice of entry of the judgment and disposition and any
judgment on a motion to terminate parental rights.
B. Appeals. Appeals from judgments and dispositions on petitions alleging abuse or
neglect and appeals from judgments on motions to terminate parental rights shall be
governed by the Rules of Appellate Procedure and the following procedures:
(1)
the notice of appeal shall be signed by both the appellant and the
appellant’s counsel, unless the appellant is a minor child or state agency or unless
counsel complies with the requirements of Subparagraph (2) of this paragraph.
(2)
A notice of appeal shall not be filed without the appellant’s signature
unless counsel certifies that the appeal is not frivolous or certifies the following:
(a) the appellant contested the proceedings and expressed an intention to
appeal the judgment or disposition; and
(b) the appellant has failed to maintain contact with counsel, and despite
diligent efforts counsel has been unable to locate the appellant to sign the notice of
appeal. Counsel shall specify the last date on which the appellant contacted counsel
and the efforts counsel has made to locate the appellant.
[10-310 NMRA, as amended, effective May 1, 1986; January 1, 1987; recompiled,
effective March 1, 2003; Rule 10-350 NMRA, recompiled and amended as Rule 10-352
NMRA by Supreme Court Order No. 08-8300-042, effective January 15, 2009; as
amended by Supreme Court Order No. 13-8300-024, effective in all cases pending or
filed on or after December 31, 2013.]