Form 4-707, Notice of appeal, is the New Mexico Supreme Court approved form a party uses to appeal to the district court from the judgment or final order of a magistrate or metropolitan court. It carries the case caption, the date of the judgment, the appellant's signature and proof that every other party was served. On this page you can fill out the notice of appeal online on FillingPDF and download or print the completed PDF; the form itself is published by the New Mexico Judicial Branch at nmcourts.gov, and it is filed with the clerk of the district court.
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What is 4-707?
Form 4-707, Notice of appeal, is the New Mexico Supreme Court approved form by which a party states that it appeals to the district court from the judgment or final order of a magistrate or metropolitan court entered in the case.
The form is captioned "State of New Mexico, In the District Court." It identifies the district court case number, the judicial district and county, and the magistrate or metropolitan court case number. The parties are listed as plaintiff and defendant, with a garnishee line if applicable, and each one is marked as appellant or appellee. The body of the notice names who appeals, says whether the lower court is the magistrate or the metropolitan court, and gives the day, month and year the judgment or final order was entered.
The form also holds the proof of service the court requires. It has two alternatives: a Certificate of Service by Attorney, signed by the attorney for the appellant, and an Affidavit of Service of Party, signed by the appellant under penalty of perjury and sworn before a judge, notary or other officer authorized to administer oaths.
The form's Use Notes require a copy of the judgment or final order appealed from, showing its date, to be attached to the notice filed in the district court. The New Mexico Judicial Branch forms library groups this document with forms for appealing a decision from a lower court to a higher court, such as magistrate or municipal court to district court. Appeals from the district court to the Court of Appeals are covered by other forms in that group.
Who needs to file 4-707?
A party to a case decided in a New Mexico magistrate or metropolitan court who wants to appeal the judgment or final order to the district court uses Form 4-707. The form lets the appealing party be the plaintiff or the defendant, and it also names an "other party," so each side of the case is marked as appellant or appellee.
- Attorneys: an attorney for the appellant can give proof of service on the Certificate of Service by Attorney.
- Parties without an attorney: the appellant signs the Affidavit of Service of Party under penalty of perjury and has it sworn before a judge, notary or other officer authorized to administer oaths.
- Garnishee cases: the caption has a line for a garnishee, to be completed if applicable.
The form's note says proof of service is required for each party, so you need the name and address of every party who must receive a copy. The form is for appeals from a magistrate or metropolitan court to the district court. Appeals to other courts, such as district court to the Court of Appeals, are listed under other forms in the Judicial Branch's Appeals category.
When to file 4-707
The triggering event is a judgment or final order entered by a magistrate or metropolitan court: the form asks for the day, month and year it was entered, and the appeal is taken from that order. The printed form states no deadline of its own, so check the court rules or the clerk of the district court for the time limit that applies to your case.
The form says it is to be completed before it is filed with the clerk of the district court, and that proof of service is required for each party. Plan to complete the service section and gather a copy of the judgment or final order, showing its date, before you file.
Documents you need
- A copy of the judgment or final order appealed from, showing its date, attached to the notice of appeal filed in the district court (required by the form's Use Notes).
- Proof of service for each party: the Certificate of Service by Attorney or the Affidavit of Service of Party printed on the form, completed before filing with the clerk.
How to fill out 4-707
Enter the court and case numbers
At the top, fill in the district court case number, the judicial district, the county and, for the lower-court case, the magistrate or metropolitan court number. Mark the court that applies, (Mag.) or (Met.).
List the parties and their roles
Write the plaintiff and defendant names, and the garnishee if applicable. Mark each as appellant or appellee.
State who is appealing
In the body of the notice, enter whether the plaintiff or defendant appeals, and the other party if the form calls for it. Choose magistrate or metropolitan for the court that entered the judgment.
Enter the judgment date
Fill in the day, month and year the judgment or final order was entered in the lower court, matching the copy you will attach.
Sign and add contact details
Sign above Signed, then print your name, address, city, state and ZIP code, and telephone number.
Complete the Certificate of Service by Attorney
If an attorney serves the notice, mark delivery or mail, enter the date, and list the name and address of each party served. The attorney for the appellant signs and dates it.
Or complete the Affidavit of Service of Party
If the appellant serves the notice, mark delivery or mail, enter the date and list each party served with an address. The appellant signs and dates, and the officer completes the jurat with the date, signature and official title.
Attach the judgment or final order
Add a copy of the judgment or final order appealed from, showing its date, as the Use Notes require.
Review and download the PDF
Check the dates, party names and addresses, then download or print the completed PDF from FillingPDF and file it with the clerk of the district court as described under How to submit.
How to submit 4-707
The form is filed with the clerk of the district court. It prints no street address, portal or other channel, so contact the clerk of the district court for the county where the case is pending to confirm how it accepts filings.
- Before filing: complete the notice and the proof of service. The form's note says this must be done before filing with the clerk, and that proof of service is required for each party.
- Attachment: attach a copy of the judgment or final order appealed from, showing its date. The form's Use Notes require this for the notice filed in the district court.
- Service: serve a copy of the notice on each party by delivery or by mail, as marked on the certificate or affidavit.
Forms and files are also listed in the New Mexico Judicial Branch forms library at https://nmcourts.gov/forms-library/. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Filing the notice without attaching a copy of the judgment or final order appealed from; the Use Notes require it, and the copy must show the date of the judgment or order.
- Filing before completing proof of service; the form says it is to be completed before filing with the clerk and that proof is required for each party.
- Listing only one party in the service section when more than one party must receive a copy; proof of service is required for each party.
- Leaving the court unspecified: the form asks whether the appeal is from the magistrate or the metropolitan court, and the caption has a matching (Mag.) or (Met.) court number.
- Omitting the day, month and year the judgment or final order was entered on the notice.
- Signing the Affidavit of Service of Party without having it sworn before a judge, notary or other officer authorized to administer oaths.
- Not marking the parties as appellant or appellee in the caption.
- Leaving out the name, address, city, state, ZIP code and telephone number printed under the appellant's signature.
Frequently asked questions
What is Form 4-707, Notice of appeal, in New Mexico?
Form 4-707 is the New Mexico Supreme Court approved notice of appeal for taking a case to the district court from a magistrate or metropolitan court. It states who appeals, the court, and the date the judgment or final order was entered, and it includes proof of service.
Who can file a notice of appeal on Form 4-707?
A plaintiff or defendant in a magistrate or metropolitan court case who appeals the judgment or final order to the district court. The form marks each party as appellant or appellee, and has a garnishee line if applicable.
What do I have to attach to Form 4-707?
Attach a copy of the judgment or final order appealed from, showing its date. The form's Use Notes say it must be attached to the notice of appeal filed in the district court.
Where do I file the notice of appeal for a magistrate or metropolitan court case?
With the clerk of the district court. The form says it is completed before filing with that clerk, and it prints no address or other channel, so contact the district court clerk for the county of your case to confirm how to file.
Do I have to serve the other parties?
Yes. The form states that proof of service is required for each party. List each party's name and address on the certificate or affidavit and mark whether the notice was served by delivery or by mail.
What is the difference between the certificate of service and the affidavit of service?
The Certificate of Service by Attorney is signed by the attorney for the appellant. The Affidavit of Service of Party is signed by the appellant under penalty of perjury and sworn before a judge, notary or other officer authorized to administer oaths.
Can I fill out Form 4-707 online?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service, not connected to the New Mexico Judicial Branch, and does not file the notice with the court or serve other parties.
Is Form 4-707 used to appeal from district court to the Court of Appeals?
No. Form 4-707 is for appeals to the district court from a magistrate or metropolitan court. The Judicial Branch forms library lists other forms in its Appeals category for appeals from district court to the Court of Appeals.
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