Rule 5-828 NMRA
Rule 5-828. Appeals from magistrate, metropolitan or municipal court; dismissals for failure to comply with rules or failure to appear.
A. By the court. When an appellant fails to comply with these rules, the district
court shall notify the appellant that upon the expiration of ten (10) days from the date of
the notice the appeal will be dismissed unless prior to that date appellant shows cause
why the appeal should not be dismissed.
B. Failure to appear; trial de novo appeals. If the defendant fails to appear at the
trial de novo, the district court shall set a hearing within thirty (30) days for the
defendant to show good cause why the defendant's appeal should not be dismissed.
The clerk of the district court shall mail notice of the hearing to the defendant and to the
defendant's counsel at least ten (10) days prior to the hearing. If the defendant fails to
show good cause for the failure to appear for trial, the district court may dismiss the
appeal and remand the case to the lower court for enforcement of the judgment and
sentence. If the district court finds good cause for the defendant's failure to appear, the
district court shall reschedule the trial.
C. By motion of the appellee. If the appellant fails to comply with these rules, the
appellee may file a motion in the district court to dismiss the appeal. The motion shall
identify the rule violated. The appellant shall have ten (10) days from the date of service
to respond to the motion.