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

LEAVE TO EXCEED PAGE LIMITATIONS

A. All requests for relief, including requests for extension of time and

requests for leave to exceed page limitations, shall be by motion

directed to the clerk of the court. The chief clerk will act on the motion,

as set forth in Section XIV(A)(5), or refer appropriate motions to

DACA and/or the calendaring judge.

B. Concurrence of opposing counsel shall be sought on all motions in

accordance with Rule 12-309(C) NMRA, and motions not stating that

concurrence has been sought will be denied without prejudice to renew

them upon compliance with the rules.

C. When a response to a motion, application, or similar document is

required by the Court, the chief clerk shall issue an order requesting

such response and setting a deadline therefor.

D. The judge who is designated as calendaring judge shall also serve as

the motions judge during their rotation. To the degree a second or third

judge is required on an order resolving a motion, if not otherwise

specifically identified in these policies and procedures, the second

and/or third judge will be assigned by DACA or by the clerk’s office in

random rotation.

E. Except as directed by the chief judge, if the calendaring judge has

entered a recusal or is not available, the motion or calendar assignment

recommendation shall be worked by the previous calendaring judge

during the first half of the rotation and by the subsequent calendaring

judge during the second half of the rotation.

F. The grant of any motion disposing of a case shall be decided by at least

two judges including the calendaring judge and a second judge either

assigned by DACA or by the clerk’s office in a random rotation.

However, once a nonexpedited case is assigned to a panel for decision,

a majority of the panel shall determine any motions filed therein.

G. The Court should not grant motions for extensions that do not show

specific good cause or are not otherwise justified in accordance with

Court policy, the appellate rules, or law.

H. In time extension requests, the time requested should not exceed thirty

(30) days, except when a showing of exceptional circumstances

requires more time or except when otherwise addressed in the appellate

rules or in law. Motions requesting subsequent extensions as to the

same document are discouraged and will be granted only for good

cause. Motions shall contain specific grounds. Request for time

extensions stating only that they are necessitated by the “press of

business” or other conclusory grounds will ordinarily be denied.

Rather, such requests shall be explained with reference to the specific

case or cases that have preoccupied counsel’s attention, causing the

necessity for an extension. Requests for extensions due to the press of

business, whether or not specifically explained, are disfavored.

Regarding criminal appeals, where counsel for the state and counsel for

the defendant are public servants and caseloads tend to be heavy,

greater latitude is given in granting extensions.

I. A motion requesting an extension of time that is filed on the day the

document is due or later is disfavored and may be denied.

J. The Court views requests to exceed the length limitations with extreme

disfavor, and they will rarely be granted.