Form 9-607, Notice of appeal, is the Supreme Court approved form of the New Mexico Judicial Branch for appealing a judgment or final order of a magistrate, metropolitan or municipal court to the district court. A defendant, the state or a city uses this notice of appeal to start the appeal and to ask for a trial setting. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the form is published by the New Mexico courts at nmcourts.gov.
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What is 9-607?
Form 9-607, Notice of appeal, is the New Mexico court form by which a defendant, the state or a city appeals to the district court from a judgment or final order of a magistrate, metropolitan or municipal court, and asks for a trial setting within six months of filing.
The form is printed for use with Magistrate Court Rule 6-703, Metropolitan Court Rule 7-703 and Municipal Court Rule 8-703. Its caption has bracketed alternatives for the state, county or city, and for the type of lower court, so the same form serves all three courts. The body of the notice states who appeals, whether the appeal is from a judgment or a final order, and the date that judgment or order was entered.
The form has three parts besides the notice itself:
- Certificate of Service by Attorney, completed by the attorney for the appellant.
- Affidavit of Service of a Party, completed by a party who is not represented by an attorney.
- A Use Note with two filing instructions.
The form belongs to the Appeals category of the Supreme Court approved forms published in the New Mexico Judicial Branch forms library. It is not a form for appeals from a district court to the Court of Appeals; the form itself covers only appeals to the district court from the three lower courts named above.
Who needs to file 9-607?
The party that is appealing a lower-court decision files Form 9-607. According to the form, that party is the defendant, the state or a city, and the decision appealed is a judgment or final order of a magistrate, metropolitan or municipal court that is being taken to the district court.
Who completes which part:
- The appellant signs the notice and prints their name, address, city, state and ZIP code, and telephone number.
- An attorney for the appellant completes the Certificate of Service by Attorney.
- A party without an attorney completes the Affidavit of Service of a Party instead, signing it under penalty of perjury and having it sworn before a judge, notary or other officer authorized to administer oaths.
Proof of service is required for each party, and the form leaves room for two parties or entities in each service section.
The form does not cover appeals from a district court to a higher court. It also does not say who may sign for someone else; only the appellant's own signature block, the attorney's certificate and the party's affidavit appear on it.
When to file 9-607
File Form 9-607 after the magistrate, metropolitan or municipal court has entered the judgment or final order you are appealing. The form asks for the date of that judgment or order, written as the day, month and year it was entered.
The service section must be completed before the notice is filed with the clerk of the district court: the form says the certificate or affidavit is to be completed prior to filing, and that proof of service is required for each party. The copy of the judgment or final order must be attached at the time of filing in the district court.
Once the district court has endorsed the notice, a copy is filed with the court from which the appeal is taken. The notice also asks the district court for a trial setting within six months from the date of filing. The form itself prints no deadline for filing the appeal; check the rule that applies to your court (6-703, 7-703 or 8-703) or ask the court clerk.
Documents you need
- A copy of the judgment or final order appealed from, showing its date, attached to the notice of appeal when it is filed in the district court.
- Proof of service for each party: the Certificate of Service by Attorney if an attorney represents the appellant, or the Affidavit of Service of a Party if the appellant has no attorney.
How to fill out 9-607
Complete the case caption
Keep the State of New Mexico, county or city heading that applies, and enter the court name and number. Add the defendant's name and both the District Court No. and the lower court's No., choosing Magistrate, Metropolitan or Municipal.
Identify who is appealing
In the body of the notice, keep only one of [Defendant], [The state] or [The City of ____] as the party that appeals to the district court.
State the judgment or final order
Choose judgment or final order, and the magistrate, metropolitan or municipal court that issued it. Enter the date it was entered in the day, month and year spaces.
Check the trial setting request
The notice asks for a trial setting within six months from the date of filing. Keep the matching party word, defendant, state or city.
Sign and enter contact details
Sign on the Signed line, then print your name, address, city, state and ZIP code, and telephone number.
Complete the attorney's service certificate
If an attorney represents the appellant, choose delivery or mail, enter the day, month and year, and list the name and address of each party served. The attorney signs and dates it.
Complete the party's affidavit of service
If you have no attorney, use the Affidavit of Service of a Party instead. Choose delivery or mail, enter the date, and list each party and address served.
Sign the affidavit before an officer
Sign as appellant and date it, then have the Subscribed and sworn block completed by a judge, notary or other officer authorized to administer oaths, with the officer's official title.
Review, attach and download the PDF
Check the dates and that each party is served, then download or print the completed PDF from FillingPDF. Attach a copy of the judgment or final order showing its date and file as described under How to submit.
How to submit 9-607
Form 9-607 is filed in the district court and then in the court that issued the decision; the form names no online portal or mailing address.
- District court clerk. File the completed notice with the clerk of the district court, with proof of service for each party completed beforehand and with a copy of the judgment or final order attached. The copy must show the date of the judgment or final order.
- Court that issued the decision. After the district court has endorsed the notice, file a copy with the magistrate, metropolitan or municipal court from which the appeal is taken.
- Service on the other parties. The notice must be served by delivery or mail on each party. An attorney certifies service; a party without an attorney signs the affidavit of service.
Ask the district court clerk about filing methods, hours and any filing fee, because the form states none. The New Mexico Judicial Branch forms library at https://nmcourts.gov/forms-library/ lists forms in its Appeals category. FillingPDF lets you fill out and download the PDF; submission follows the court channels above.
Common mistakes to avoid
- Filing the notice in the district court without attaching a copy of the judgment or final order that shows its date.
- Leaving the bracketed choices in the caption and body, such as [Magistrate] [Metropolitan] [Municipal] or [judgment] [final order], instead of keeping only the one that applies.
- Omitting proof of service for one of the parties; the form says proof of service is required for each party.
- Completing the service section after filing with the district court clerk; the form says it is completed before filing.
- Having an unrepresented party sign the attorney's Certificate of Service instead of the Affidavit of Service of a Party.
- Leaving the "Subscribed and sworn" block without a judge, notary or other officer authorized to administer oaths on the party's affidavit.
- Not filing a copy of the notice with the court from which the appeal is taken after the district court has endorsed it.
- Giving no entry date for the judgment or final order, or listing only one of the lower court's number and the district court number.
Frequently asked questions
What is Form 9-607, Notice of appeal?
Form 9-607 is the New Mexico Supreme Court approved notice of appeal used to appeal a judgment or final order of a magistrate, metropolitan or municipal court to the district court. It also asks the district court for a trial setting within six months of filing.
Which court rules go with Form 9-607?
The form says it is for use with Magistrate Court Rule 6-703, Metropolitan Court Rule 7-703 and Municipal Court Rule 8-703. Choose the court, magistrate, metropolitan or municipal, that issued the judgment or final order you are appealing.
Who can file a notice of appeal on Form 9-607?
The form is written for a defendant, the state or a city appealing from a lower-court judgment or final order to the district court. Keep only the party word that matches the appellant in the body of the notice.
What do I attach to the notice of appeal?
Attach a copy of the judgment or final order appealed from, showing its date, when you file the notice in the district court. The service section, a certificate or an affidavit, must also show proof of service on each party.
Do I use the attorney certificate or the affidavit of service?
An attorney for the appellant completes the Certificate of Service by Attorney. A party who is not represented by an attorney completes the Affidavit of Service of a Party, which is signed under penalty of perjury and sworn before an authorized officer.
Do I also file the notice with the lower court?
Yes. The Use Note says a copy of the notice must be filed with the court from which the appeal is taken after the district court has endorsed it. The original is filed with the clerk of the district court first.
Is there a deadline to file Form 9-607?
The form prints no filing deadline. It only says the service section is completed before filing and that the notice requests a trial setting within six months of filing. Check Rule 6-703, 7-703 or 8-703, or ask the district court clerk.
Can I fill out Form 9-607 online on FillingPDF?
Yes. You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service and does not file the notice or serve the parties; you file with the court and serve each party yourself.
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