Pro se litigant Help

[pro.se.litigant]

New Mexico

Hi, I'm a pro se litigant and need to understand some legal terms and wordings of procedures so I can better represent and prepare my case. I would more then appreciate your help.

What is the understanding of:

N.M. R. Civ. P. Dist. Ct. 1-074

Rule 1-074 - Administrative appeals; statutory review by district court of administrative decisions or orders

A.Scope of rule. This rule governs appeals from administrative agencies to the district courts when there is a statutory right of review to the district court, whether by appeal, right to petition for a writ of certiorari, or other statutory right of review. This rule does not create a right to appeal. For purposes of this rule, an "agency" means any state or local government administrative or quasi-judicial entity.

First question is - "This rule governs appeals from administrative agencies to the district courts" - does this mean a) the agency appealing to the district courts on a matter or b) an individual appealing against the agency on a matter to the district court. In other words, does the district court handle appeals for or against an agency?

 

[Zigner]

https://casetext.com/rule/new-mexico-court-rules/new-mexico-rules-of-civil-procedure-for-the-district-courts/article-8-provisional-and-final-remedies-and-special-proceedings/rule-1-074-administrative-appeals-statutory-review-by-district-court-of-administrative-decisions-or-orders

You can't pick and choose portions of the rule to review - read the entire thing.

 

[adjusterjack]

First question is - "This rule governs appeals from administrative agencies to the district courts" - does this mean a) the agency appealing to the district courts on a matter or b) an individual appealing against the agency on a matter to the district court. In other words, does the district court handle appeals for or against an agency?

I'll give you an answer that answers the question one way by example. There may be other examples.

You believe you had good reason to quit your job so you file for UI. The boss says you quit. You get denied benefits. You file an appeal. The next level may involve a UI employee who interviews you and your boss to try to establish what happened. He's also convinced that you quit. Your next level is you submit your appeal perhaps to an Administrative Law Judge and you are able to point out nuances in the events that support that you had good reason to quit and he qualifies you for UI. The UI agency is likely statutorily bound by his decision and would not be able to appeal. However, if the ALJ rules that you quit, you still have the option to go to court and be heard by a higher level judge who could reverse the decision. His decision in your favor could also bind the UI agency and preclude further appeals.

Now, give us some details about your situation for which you are a pro se litigant and you might get more helpful comments.

 

[Taxing Matters]

I'm going to guess you are the person appealing the personnel decision of a NM city that has been discussed in another forum, correct?

First question is - "This rule governs appeals from administrative agencies to the district courts" - does this mean a) the agency appealing to the district courts on a matter or b) an individual appealing against the agency on a matter to the district court. In other words, does the district court handle appeals for or against an agency?

The district court would handle the appeal whether the appeal is taken by the agency or by the individual opposing the agency's decision. Whether the agency or the individual has a right to make the appeal is another matter. That is not addressed by the statute you cited. You'd look elsewhere for that.

 

[quincy]

New Mexico

First question is In other words, does the district court handle appeals for or against an agency?

Yes. A district court can handle appeals for or against an agency.

Here is a link to what cases the various courts in New Mexico handle, followed by a link to legal assistance resources available in New Mexico:

https://www.nmcourts.gov/court-administration/about-the-courts/

https://www.lawhelpnewmexico.org/node/28/helpful-links

 

[pro.se.litigant]

Thanks for the replies! That portion is clear.

Second - "when there is a statutory right of review to the district court...." - I understand an individual has a statutory right for an appeal in a matter, petition for a writ of certiorari or other. This question may have several sub-questions before I fully understand,

a) right of review of what? - The matter the individual or agency is appealing to the court?

 

[Litigator22]

New Mexico

First question is - In other words, does the district court handle appeals for or against an agency?

Please note the following excerpt from the subject Rule:

"C.Filing appeal. When provided or permitted by law, an aggrieved party may appeal a final decision or order of an agency by . . . (Emphasis added)

Think it over and then see if you can conceive of any condition or circumstance wherein any administrative agency or any judicial body would be in grievance with, and thus seek to challenge by appeal its very own decisions or orders?

 

[quincy]

Thanks for the replies! That portion is clear.

Second - "when there is a statutory right of review to the district court...." - I understand an individual has a statutory right for an appeal in a matter, petition for a writ of certiorari or other. This question may have several sub-questions before I fully understand,

a) right of review of what? - The matter the individual or agency is appealing to the court?

What is the case about and what would be the reason for the appeal? Or are you looking for a review of the decision based on some sort of procedural mistake? There is a difference between a review and an appeal.

 

[Taxing Matters]

a) right of review of what? - The matter the individual or agency is appealing to the court?

In your case of appealing an agency decision (the decision of a personnel review board, if my earlier guess is correct) then the district court reviews the decision the agency made based on the record of that agency proceeding.

 

[quincy]

It would help if pro.se.litigant provided some more information - although because time is short, s/he might be best served by seeking help from an attorney in New Mexico.

 

[pro.se.litigant]

So as far as this rule is concern, the " statutory right of review to the district court " of the matter is the right of the appellant only correct?

 

[quincy]

So as far as this rule is concern, the " statutory right of review to the district court " of the matter is the right of the appellant only correct?

An appellant would be the one seeking a change in a lower court’s decision.

 

[Taxing Matters]

So as far as this rule is concern, the " statutory right of review to the district court " of the matter is the right of the appellant only correct?

By definition, the appellant is the one making the appeal. Only persons wanting to make an appeal need to have a right of appeal. Why is this something you are focusing on so much? If you wish to appeal the agency decision, all that matters to you is whether you have a right to appeal that decision. As I stated before, you'd have to look elsewhere in the NM code for that information.

 

[quincy]

Pro.se.litigant, you do not have a lot of time to file an appeal (30 days+/-) so you might want to discuss the details of your case with an attorney in your area so you don’t miss an important deadline. I sense a reluctance in you to disclose too much to us here (which is probably smart) but it limits our ability to help.

 

[pro.se.litigant]

According to New Mexico Courts, About the Courts, in handling appeals say,

Court of Appeals:
This court has mandatory jurisdiction in: civil, non-capital criminal, juvenile cases; Discretionary jurisdiction in interlocutory decision cases and administrative agency appeals.

and,

District Court:
These are courts of general jurisdiction which hold jury trials.

This court will hear these types of cases: Tort, contract, real property rights, and estate. Exclusive domestic relations, mental health, appeals for administrative agencies and lower courts, miscellaneous civil jurisdiction; Misdemeanor. Exclusive criminal appeals jurisdiction; Exclusive juvenile jurisdiction.

My case definitely by any shape of imagination needs a trial, its too simple. What's the difference between them both?