LR2-306 NMRA
Local Rule LR2-306. Appeals from driver's license revocation hearings.
[Related Statutes NMSA 1978, §§ 66-8-105 to -112, and Statewide Rule 1-074 NMRA]
A. Applicability. This rule governs appeals to the district court from driver’s license
revocation proceedings and proceedings conducted under the Implied Consent Act,
NMSA 1978, Sections 66-8-105 to -112.
B. Pleadings. The first page of all pleadings shall include the civil division docket
number of the case followed by the capital letters “LRA” (License Revocation Appeal).
C. Extensions. All requests for extension of time to file pleadings shall be by written
motion filed in the civil clerk’s office, which will direct the motions to the criminal division.
The division will refer the motions to the appropriate judge. Motions for extension of time
will be granted only for good cause. Motions shall contain specific grounds. Requests
for extensions of time due to press of business, whether or not that press of business is
explained with reference to specific cases, will not ordinarily be seen as good cause. In
most cases, the time requested should not exceed fourteen (14) calendar days. Motions
requesting subsequent extensions on the same pleading will rarely be granted. A
motion requesting an extension that is filed on the day that the appellant’s statement of
appellate issues or the appellee’s response is due or later will not be favored and may
be denied.
D. Failure to comply with Rule 1-074 NMRA. Pleadings that fail to comply with
Rule 1-074 NMRA, particularly Paragraphs K through N, may be stricken or other
sanctions may be imposed. If the re-filing of the noncomplying pleadings is permitted by
the express order of the court, the revised pleadings shall be re-filed within fourteen (14)
calendar days of the filing of that order.
E. Stays. Motions filed to stay the revocation of driving privileges pending the
appeal to district court under Rule 1-074, and their corresponding orders, may be
presented directly to the judge of the criminal division assigned to the appeal for
signature of the order. Prior concurrence by the motor vehicle division with the stay will
expedite the court’s decision regarding the stay while also complying with Rule 1-007.1
NMRA.