Silver City, NM asked in Appeals / Appellate Law for New Mexico

Q: I am trying to appeal a case and the lawyer for the case does not want to take it. What can I do

I asked him to write a letter dismissing himself and hasnt done that and thats the only way I can file and the clerks office. I deep need of some help!!

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1 Lawyer Answer
Glenn B. Manishin
Glenn B. Manishin
  • Appeals & Appellate Lawyer
  • Warrenton, VA

A: In most states you can represent yourself "pro se" unless a corporate entity is the party. In New Mexico you are allowed to do so on appeal under Rule 12-302 NMRA. Since the lawyer has not withdrawn, file the notice of appeal (and pay the filing fee) yourself under Rule 12-201 NMRA, including in the notice that the trial lawyer has withdrawn but has to date failed to inform the court. Or you can hire a new lawyer for the appeal who will file the appropriate case-initiating papers.

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