47-8-47. Appeal stays execution.
A. If either party feels aggrieved by the judgment, that party may appeal as in other
civil actions. An appeal by the defendant shall stay the execution of any writ of
restitution; provided that in cases in which the resident is the appellant, the execution of
the writ of restitution shall not be stayed unless the resident, within five days of the filing
of the notice of appeal, pays to the owner or into an escrow account with a professional
escrow agent an amount equal to the rental amount that shall come due from the day
following the judgment through the end of that rental period. The resident shall continue
to pay the monthly rent established by the rental agreement at the time the complaint
was filed, on a monthly basis on the date rent would otherwise become due. Payments
pursuant to this subsection by a subsidized resident shall not exceed the actual amount
of monthly rent paid by that resident. When the resident pays the owner directly, the
owner shall immediately provide a written receipt to the resident upon demand. When
the resident pays into an escrow account the resident shall cause such amounts to be
paid over to the owner immediately upon receipt unless otherwise ordered by the court.
Upon the failure of the resident or the escrow agent to make a monthly rent payment on
the first day rent would otherwise be due, the owner may serve a three-day written
notice on the resident pursuant to Subsection D of Section 47-8-33 NMSA 1978. If the
resident or the resident's escrow agent fails to pay the rent within the three days, a
hearing on the issue shall be scheduled within ten days from the date the court is
notified of the failure to pay rent. In the case of an appeal de novo, the hearing shall be
in the court in which the