Cross appeal may be taken by giving notice thereof, as provided for appeals, within thirty days after the entry of any appealable judgment, decision or order, or within fifteen days after receipt of notice of appeal or application for writ of error, whichever is later.
History: 1953 Comp., § 21-10-5.1, enacted by Laws 1966, ch. 28, § 40.
Cross references. — For when appeals taken, see Rule 12-201 NMRA.
For how appeals taken, see Rule 12-202 NMRA.
Rule controls over statute. — Rule 12-201 NMRA, which requires a party to file cross-appeals not later than ten days following notice of appeal, controls over this section, allowing 15 days to file a cross-appeal. Rodriguez v. McAnally Enters., 1994-NMCA-025, 117 N.M. 250, 871 P.2d 14.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 4 Am. Jur. 2d Appellate Review § 288.
Right to perfect appeal, against party who has not appealed, by cross appeal filed after time for direct appeal has passed, 32 A.L.R.3d 1290.
4 C.J.S. Appeal and Error §§ 27, 262, 270, 348, 353.
Structure New Mexico Statutes
Chapter 39 - Judgments, Costs, Appeals
Section 39-3-1 - Appeals to district court; trial de novo.
Section 39-3-2 - Civil appeals from district court.
Section 39-3-3 - Appeals from district court in criminal cases.
Section 39-3-4 - Interlocutory order appeals from district court.
Section 39-3-5 - Writs of error.
Section 39-3-6 - Continuation in supreme court and court of appeals.
Section 39-3-7 - Appeals from district court; special statutory proceedings.
Section 39-3-8 - Cross appeals.
Section 39-3-9 - [Title or possession of property involved; supersedeas bond.]
Section 39-3-10 - [Sections 39-3-9 and 39-3-10 NMSA 1978 supplemental.]
Section 39-3-11 - Appellate costs.
Section 39-3-12 - Indigent appeals; free process.
Section 39-3-13 - Transcript of record.
Section 39-3-14 - [Appellant may dismiss appeal.]
Section 39-3-15 - Appeals; contempt and habeas corpus.
Section 39-3-16 - Parties; joinder.
Section 39-3-17 - Failure to join.
Section 39-3-18 - Inability to join.
Section 39-3-19 - Death of party before review.
Section 39-3-20 - Death of party pending review.
Section 39-3-21 - Substitution of parties upon review.
Section 39-3-22 - Supersedeas and stay in civil actions.
Section 39-3-23 - Automatic stay.
Section 39-3-24 - Discretionary stay.
Section 39-3-25 - District court clerk; fees for record.
Section 39-3-26 - Disposition after review.
Section 39-3-27 - Award of damages on review.
Section 39-3-28 - Directions following review; execution.
Section 39-3-29 - Directions following review; judgment on bond.