Rule 12-609. On-record appeals from metropolitan court.

A. Scope. This rule governs the procedure for filing and perfecting direct appeals to an appellate court from the final judgments and orders of the metropolitan court in matters that proceed as on-record appeals. The Rules of Appellate Procedure shall apply to the filing and perfecting of on-record appeals with the modifications identified below and in Rules 7-702 and 7-703.1 NMRA. This rule does not create a right of appeal. B. Substitution of metropolitan court. When these Rules of Appellate Procedure state that a duty is to be performed by, service is to be made on, or reference is made to the district court or a judge or clerk of the district court, the metropolitan court or a judge or clerk of the metropolitan court whose action is appealed from shall be substituted for the district court or a judge or clerk of the district court. C. Initiating the appeal. The notice of appeal shall be filed as provided for in Rules 7-702, 7-703.1, 12-201, and 12-202 NMRA. The notice of appeal shall be filed in the metropolitan court within thirty (30) days of the filing of the metropolitan court judgment or final order with the metropolitan court clerk’s office. The docketing statement, the requirements for which are provided in Rule 12-208 NMRA of these rules and modified by Rule 7-703.1, shall be filed with the clerk of the Court of Appeals, along with the docketing fee, within thirty (30) days of the filing of the notice of appeal. D. Sanctions. Failure to comply with the Rules of Appellate Procedure or the requirements provided in Rule 7-703.1 may result in sanctions up to and including dismissal in accordance with Rule 12-312 NMRA. E. Transfer. When a party appeals a metropolitan court decision in a criminal case and documents initiating or docketing the appeal are filed in the wrong court, the district court in accordance with Rule 5-827(J) NMRA or the Court Appeals under this rule shall enter an order of transfer to the appropriate court. When the district court has entered an order of transfer under Rule 5-827(J), the Court of Appeals shall review the order. If the Court of Appeals determines that jurisdiction over the appeal lies with the district court, the Court of Appeals shall enter an order rejecting the transfer. If the Court of Appeals determines that it has jurisdiction over the appeal and transfer was proper, the Court of Appeals shall issue an order accepting transfer. The appellant shall have thirty (30) days from the date the order accepting transfer is entered to file a docketing statement with the Court of Appeals. When the Court of Appeals has entered an order of transfer to the district court, the transfer is complete on filing, and the appellant shall proceed in the district court in accordance with Rule 5-827.