2021 New Mexico Statutes
Article 3 - Appeals
Section 39-3-5 - Writs of error.

Writs of error to bring into the supreme court any cause adjudged or determined in any of the district courts, as provided by law, may be issued by the supreme court, or any justice thereof, if application is made within the time provided by law for the taking of appeals. A writ of error shall issue from the supreme court to the district court only in those actions wherein appellate jurisdiction has not been vested by law in the court of appeals.
History: Laws 1917, ch. 43, § 4; 1927, ch. 93, § 2; C.S. 1929, § 105-2504; 1953 Comp., § 21-10-3.1; Laws 1966, ch. 28, § 37.
Cross references. — For writs of error, see Rule 12-503 NMRA.
Compiler's notes. — Laws 1966, ch. 28, § 37, recompiled this section. It had been omitted by the compilers of the 1941 Compilation as superseded by the Supreme Court Rules.
Writ of error is an appropriate means for invoking collateral order doctrine. Carrillo v. Rostro, 1992-NMSC-054, 114 N.M. 607, 845 P.2d 130.
Law reviews. — For note, "The Adoption of the Collateral Order Doctrine in New Mexico: Carrillo v. Rostro," see 24 N.M.L. Rev. 389 (1994).
For article, "Jurisdiction as May Be Provided by Law: Some Issues at Appellate Jurisdiction in New Mexico," see 36 N.M.L. Rev. 215 (2006).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 C.J.S. Appeal and Error § 356 et seq.

Structure 2021 New Mexico Statutes