New Mexico Supersedeas Bond (Appeal Bond ~ New Mexico)

Bond Penalty: Double judgment amount

A New Mexico supersedeas bond, also referred to as a New Mexico appeal bond or "undertaking", is a well-established requirement under 2006 New Mexico Statutes, Section §39-3-22 and appellate practice. Sections A. and B. are particularly instructive of the appropriate "setting of amounts" or bond penalty. A party that suffers an adverse verdict generally has then right of appeal but NOT necessarily a right to stay of execution of a judgment. The New Mexico supersedeas bond is the proper mechanism for "holding off the dogs".

The supersedeas bond must run to the adverse party, issued by sufficient sureties, and approved by the clerk of the district court in case of appeals or by the clerk of the supreme court in case of writ of error. The method for determining the New Mexico appeal bond penalty depends on the decision from which the appeal is taken. Per the Code;

  • Section A. ~ Within sixty days from the entry of the judgment or decision, the appellant must excuted a bond to the adverse party in double the amount of the judgment complained of.
  • Section B. ~ If the decision appealed from, or from which a writ of error is sued out, is for a recovery other than a fixed amount of money, the amount of the supersedeas bond shall be fixed by the district court if an appeal is taken, or in case of a writ of error by the chief justice or any justice of the supreme court.

The New Mexico supersedeas bond must be manucripted to guarantee the payment of the judgment and all costs that may be finally adjudged against the appellant if the appeal or writ of error is dismissed or the judgment or decision of the district court is affirmed. There has been some legislative modification of the appeal bond requirement, setting a "cap" or maximum bond penalty for those individuals that are members of a master settlement agreement class. Pursuant to Sec. C., "In any civil action involving a signatory, a successor of a signatory or any affiliate of a signatory to the master settlement agreement, as defined in Subsection E of Section 6-4-12 NMSA 1978 , the supersedeas bond required of all appellants collectively in order to stay the execution of a judgment during the entire course of appellate review shall not exceed one hundred million dollars ($100,000,000), regardless of the amount of the judgment."

Underwriting review and preparation of an appeal bond should be accomplished by a surety bond expert with knowledge of this type of judicial obligation and the specific form required by the courts and/or Rules of Appellate Procedure. New Mexico surety bond leader, Surety One, Inc. specializes in court bonds for all district, superior, family, supreme and appellate courts. A New Mexico supersedeas bond application submission is reviewed and responded to within one hour of receipt. We are the most agile judicial bond underwriter in the United States. Call (800) 373-2804, email us at Underwriting@SuretyOne.com or click here if you would like to chat live with an underwriter about your New Mexico appeal bond need.

Is your appeal from a judgment from a U.S. District Court? Visit our federal supersedeas bond page.

Surety bond application review and quoting are free of charge. There is no obligation to purchase.

What We Need From You

Additional Attachments

  • Copy of Judgement and Complaint