A. The appellate jurisdiction of the court of appeals is coextensive with the state, and the court has jurisdiction to review on appeal:

Terms Used In New Mexico Statutes 34-5-8

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

(1)     any civil action not specifically reserved to the jurisdiction of the supreme court by the constitution or by law;

(2)     all actions under the Workmen’s Compensation Act [Workers’ Compensation Act], the New Mexico Occupational Disease Disablement Law [52-3-1 N.M. Stat. Ann.], the Subsequent Injury Act and the federal Employers’ Liability Act[s];

(3)     criminal actions, except those in which a judgment of the district court imposes a sentence of death or life imprisonment;

(4)     post-conviction remedy proceedings, except where the sentence involved is death or life imprisonment;

(5)     actions for violation of municipal or county ordinances where a fine or imprisonment is imposed;

(6)     decisions of administrative agencies of the state; and

(7)     decisions in any other action as may be provided by law.

B. The supreme court may provide for the transfer of any action or decision enumerated in this section from the court of appeals to the supreme court in addition to the transfers provided for in Section 34-5-10 and Subsection C of Section 34-5-14 N.M. Stat. Ann..