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nuclear optionUnited States · New Mexico (Statewide)Difficulty: Hard

De Novo Appeal to Metro/Magistrate Court Under NMSA §39-3-1

Any administrative parking decision in NM can be appealed for trial de novo to Metro Court (Bernalillo County) or Magistrate Court (other counties) within 15 days under NMSA §39-3-1.1 and Rule 2-705 NMRA. The city must produce admissible evidence and the citing officer; cities frequently dismiss rather than burn officer time on a $20 ticket.

Legal basis

NMSA §39-3-1.1; Rule 2-705 NMRA

Sample appeal wording

IN THE [METRO/MAGISTRATE] COURT, [COUNTY] NOTICE OF APPEAL FOR TRIAL DE NOVO Under NMSA §39-3-1.1 and Rule 2-705 NMRA, the Defendant appeals the administrative decision dated [DATE] in matter [NUMBER] / Citation #[CITATION] and demands trial de novo. Defendant subpoenas the citing officer and the parking-meter audit records for [LOCATION] on [DATE]. /s/ [NAME] / [DATE]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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