N.M. Ct. App. Policies & Procedures Manual VI

A. In accordance with NMSA 1978, Section 34-5-11 (1966), three judges

of the Court of Appeals shall constitute a quorum. Not more than three

judges shall sit in any matter on appeal. Formal opinions, memorandum

opinions, and decisions of the Court shall be in writing with the grounds

stated, and the result shall be concurred in by at least two judges.

B. If any judge who participated in a matter before the Court is unable to

participate in a rehearing, the chief clerk shall assign another judge to

sit thereon. See id.

C. Before a case is heard on oral argument, the authoring judge shall take

appropriate steps to let the panel know what the author believes the

main issues are warranting oral argument and if there is anything else

in particular the author believes the panel should review prior to oral

argument.

D. After a case is heard on oral argument, the panel shall retire and

immediately meet to discuss the proposed disposition.

E. Judges should strive to meet within two weeks of a request for a

precirculation panel conference. Before a case is conferenced, the

authoring or requesting judge shall take appropriate steps to let the

panel know what the author or requestor believes the main issues are

for conferencing and if there is anything else in particular the author or

requestor believes the panel should review prior to conferencing.

F. Cases remanded from the New Mexico Supreme Court to the Court of

Appeals for further proceedings shall be assigned to the same panel of

judges that originally heard the case. However, when a judge recuses

or is not available to hear a remanded case, the chief clerk will assign a

substitute judge on a random rotating basis.

G. The pendency of similar issues in the New Mexico Supreme Court shall

not ordinarily justify delaying a Court of Appeals decision. The panel

or calendaring judge may stay a particular case in unusual

circumstances while waiting for a Supreme Court decision to be issued.

H. Cases assigned to the expedited bench decision (EBD) program, see

Miscellaneous Order 01-57 (Sep. 19, 2016) or the most current version

of that order, shall be decided pursuant to that order.