Rule 1-085.Judgments or orders on mandate
Last verified June 26, 2026
In one sentenceRule 1-085 requires the prevailing party on appeal, within thirty days after the mandate is sent to the district court, to present a proposed judgment or order carrying out the appellate directions.
Full Text of Rule 1-085
A. Party responsible. Within thirty (30) days after an appellate court has sent its mandate to the district court, the prevailing party on appeal shall either:
(1) present to the court a proposed judgment or order on the mandate containing the specific directions of the appellate court; or
(2) if necessary, request a hearing.
B. Service. The proposed judgment or order on the mandate shall be served on all parties.
End
Rule History
[Approved, effective September 27, 1999.]
Plain-English Summary
This rule implements appellate decisions in the trial court. Within thirty days after an appellate court sends its mandate to the district court, the party who prevailed on appeal must either present a proposed judgment or order on the mandate that contains the appellate court’s specific directions, or, if necessary, request a hearing. The proposed judgment or order is served on all parties.
Frequently Asked Questions
What happens after an appellate court issues its mandate?
Within thirty days, the prevailing party on appeal must present a proposed judgment or order carrying out the appellate court’s directions, or request a hearing, and serve it on all parties.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-085 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as: judgment on mandatemandateappellate mandate