A. An appeal from the municipal court is taken by filing with the clerk of the district court a notice of appeal. When the defendant takes an appeal, the notice of appeal shall be accompanied by a bond to the municipality in the sum, and with conditions, fixed by the municipal judge as sufficient to secure the appearance of the defendant, and the judgment and sentence of the municipal court.
B. The clerk of the district court shall docket the appeal on the civil docket upon payment of a docket fee of twenty dollars ($20.00), ten dollars ($10.00) of which shall be deposited in the court automation fund, and shall transmit a copy of the notice of appeal to the municipal court from which the action is appealed and to the municipal attorney.
C. Within ten days after receipt of the notice of appeal from the clerk of the district court under Subsection B of this section, the municipal judge shall file with the clerk of the district court a transcript of all municipal court docket entries in the action, together with all pleadings and other documents relating to the action. After the transcript has been filed, the action may be called for trial in the district court as in other civil actions. The appeal shall be governed by the Rules of Civil Procedure for the District Courts, except that the municipality has the burden of proving violation of an ordinance beyond a reasonable doubt.
D. The docketing of an appeal operates as a supersedeas and stay of execution upon the judgment of the municipal court in the action until final disposition of the appeal.
History: 1953 Comp., § 38-1-8, enacted by Laws 1969, ch. 35, § 2; 1996, ch. 41, § 7.
ANNOTATIONSRepeals and reenactments. — Laws 1969, ch. 35, § 2, repealed 38-1-8, 1953 Comp., relating to appeals from municipal to district courts and filing of transcripts, and enacted a new section.
Cross references. — For the court automation fund, see 34-9-10 NMSA 1978.
For Rules of Civil Procedure for the District Courts, see Rule 1-001 NMRA et seq.
For Rules of Criminal Procedure for the District Courts, see Rule 5-101 NMRA et seq.
The 1996 amendment, effective May 15, 1996, in Subsection B, inserted "twenty dollars ($20.00)" following "docket fee of" and inserted "of which shall be deposited in the court automation fund" preceding "and shall"; and made minor stylistic changes in Subsection C.
Bonding requirement of Subsection A. — The right of an indigent defendant to an appeal cannot be conditioned upon the bonding requirement of Subsection A. Mitchell v. County of Los Alamos, 1991-NMSC-062, 112 N.M. 215, 813 P.2d 1013.
Docket fee only applicable to appeals brought under this article. — A docket fee is applicable to appeals from the municipal court to the district court only when brought from an action enforcing ordinances under 35-15-1 NMSA 1978 et seq. 1980 Op. Att'y Gen. No. 80-18.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 5 Am. Jur. 2d Appellate Review § 274.
Plea of guilty in police, magistrate, municipal or similar inferior court as precluding appeal, 42 A.L.R.2d 995.
62 C.J.S. Municipal Corporations §§ 361 to 379.