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

DISPOSITIONS BY DECISION OR ORDER

A. Memorandum opinions and dispositions by decision or order shall be

utilized in accordance with the criteria stated in Rule 12-405(B)

NMRA. Memorandum opinions and dispositions by decision or order

should contain background details and analysis only to the extent

necessary to adequately explain the Court’s reasoning and to

communicate to the parties that the Court understood their arguments.

Consistent with Rule 12-405(B), reliance on nonbinding authorities is

generally disfavored in memorandum opinions and dispositions by

decision or order.

B. Formal opinions shall be utilized when one or more of the issues therein

involve a matter of first impression in this jurisdiction or an overruling

of a prior decision of this Court or when the issuance of a formal

opinion would clarify the law for the bench and bar or would allow for

more efficient case processing of future cases, including on the

summary calendar. In considering whether a matter is of first

impression, great weight will be given to the fact that nonbinding

authorities are relied on to determine New Mexico law.

C. Although the author is expected to determine which type of opinion is

most appropriate, ultimately the majority on any panel will determine

whether the case will be decided by a memorandum or formal opinion

or by an order or decision.