2021 New Mexico Statutes
Chapter 34 - Court Structure and Administration
Article 5 - Court of Appeals
Section 34-5-10 - Transfer of cases on appeal.

Universal Citation: NM Stat § 34-5-10 (2021)

No matter on appeal in the supreme court or the court of appeals shall be dismissed for the reason that it should have been docketed in the other court, but it shall be transferred by the court in which it is filed to the proper court. Any transfer under this section is a final determination of jurisdiction. Whenever either court determines it has jurisdiction in a case filed in that court and proceeds to decide the matter, that determination of jurisdiction is final. No additional fees or costs shall be charged when a case is transferred to another court under this section.

History: 1953 Comp., § 16-7-10, enacted by Laws 1966, ch. 28, § 10.


Cross references. — For Uniform Certification of Questions of Law Act, see 39-7-1 NMSA 1978.

For appellate jurisdiction of supreme court, see N.M. Const., art. VI, § 2 and 39-3-2, 39-3-3, 39-3-4 NMSA 1978.

For appellate jurisdiction of court of appeals, see N.M. Const., art. VI, § 29 and 34-5-8 NMSA 1978.

For procedure on certiorari to review decision of court of appeals, see 12-502 NMRA.

For procedure on certification from court of appeals, see 12-606 NMRA.

Review of transfer orders by the supreme court. — The supreme court has inherent authority under N.M. Const., art. VI, § 3, and Section 34-5-14 NMSA 1978 to review and reverse transfer orders of the court of appeals. Martinez v. Chavez, 2008-NMSC-021, 144 N.M. 1, 183 P.3d 145.

Only some of counts need give court of appeals jurisdiction. — Although the first count of the complaint is for a declaratory judgment and injunctive relief prohibiting the enforcement of portions of a city ordinance, alleging their unconstitutionality, and the second and third counts are for damages for false arrest, a tort action, jurisdiction in this matter is in the court of appeals. Balizer v. Shaver, 1970-NMSC-124, 82 N.M. 53, 475 P.2d 319.

Denial of motion to transfer proper. — Where, among other claims, plaintiffs sought damages on the basis of asserted "illegal and negligent" actions on the part of defendants, the court of appeals had subject matter jurisdiction of the appeal, and a motion to transfer was properly denied. Miller v. City of Albuquerque, 1975-NMCA-099, 88 N.M. 324, 540 P.2d 254, cert. denied, 88 N.M. 319, 540 P.2d 248.

Transfer by supreme court final determination of jurisdiction of motion. — Where the court of appeals had jurisdiction over an appeal from defendant's conviction of rape but defendant's motion for review of the order fixing appeal bond was originally docketed in the supreme court and then was transferred to the court of appeals, the transfer of that motion was a final determination of jurisdiction. State v. Lucero, 1970-NMCA-057, 81 N.M. 578, 469 P.2d 727.

Law reviews. — For article, "Approaching Statutory Interpretation in New Mexico," see 8 Nat. Resources J. 689 (1968).

For survey of 1990-91 appellate procedure, see 22 N.M.L. Rev. 623 (1992).

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