Rule 12-201. Appeal as of right; when taken.

A. Filing notice. (1) A notice of appeal shall be filed (a) if the appeal is filed from a decision or order suppressing or excluding evidence or requiring the return of seized property under Section 39-3-3(B)(2) NMSA 1978, within ten (10) days after the decision or order appealed from is filed in the district court clerk’s office; and (b) for all other appeals, within thirty (30) days after the judgment or order appealed from is filed in the district court clerk’s office. (2) The additional three (3)-day period set forth in Rule 12-308(B) NMRA for certain kinds of service does not apply to the time limits set forth in Subparagraph (1) of this paragraph. (3) A notice of appeal filed after the announcement of a decision, or return of the verdict, but before the judgment or order is filed in the district court clerk’s office shall be treated as filed after that filing and on the day of the filing. B. Cross-appeals. (1) If a timely notice of appeal is filed by a party, any other party may file a notice of appeal within fourteen (14) days after the date on which the first notice of appeal was served or within the time otherwise prescribed by this rule, whichever period last expires. (2) If more than one party files a notice of appeal, the party to file the first notice of appeal shall be deemed the appellant, and any opposing party filing a notice of appeal shall be a cross-appellant, unless the court orders otherwise. C. Review without cross-appeal. An appellee may, without taking a cross-appeal or filing a docketing statement or statement of the issues, raise issues on appeal for the purpose of enabling the appellate court to affirm, or raise issues for determination only if the appellate court should reverse, in whole or in part, the judgment or order appealed from. D. Post-trial or post-judgment motions extending the time for appeal. (1) If any party timely files a motion that has the potential to affect the finality of the underlying judgment or sentence, the full time prescribed in this rule for the filing of the notice of appeal shall commence to run and be computed from the filing of an order expressly disposing of the last such remaining motion. Those motions may include, but are not necessarily limited to, the following: (a) a motion under Section 39-1-1 NMSA 1978, Rule 1-050(B) NMRA, Rule 1- 052(D) NMRA, or Rule 1-059 NMRA; (b) a motion under Rule 1-060(B) NMRA, Rule 5-614 NMRA, or Rule 5- 801(A) NMRA that is filed not later than thirty (30) days after the filing of the judgment; or (c) a motion to reconsider a ruling that is filed within the permissible time period for initiating an appeal. (2) If any party timely files a motion under a rule or statute that provides that the motion is automatically denied if not granted within a specified period of time, the full time prescribed in this rule for the filing of the notice of appeal shall commence to run and be computed from either the filing of an order expressly disposing of the last such remaining motion or the date of any automatic denial of the last such remaining motion, whichever occurs first. But the time to appeal shall be determined under Subparagraph (1) of this paragraph if a motion listed in that subparagraph remains pending. (3) If a party timely files a motion listed in Subparagraphs (1) or (2) of this paragraph and, before the motion is expressly disposed of by order or automatically denied, the party files in the district court a notice stating that the motion is withdrawn, the time for filing a notice of appeal shall be determined from the date the notice of withdrawal is filed in the district court, unless another motion listed in those subparagraphs remains pending. (4) A timely notice of appeal filed before the express disposition by order, the automatic denial, or the withdrawal of any timely filed motion listed in Subparagraphs (1) or (2) of this paragraph, whether the notice is filed before or after the motion is filed, becomes effective on the day on which the time for filing a notice of appeal commences to run under Subparagraphs (1), (2), and (3) of this paragraph. Until that time, the notice does not divest the district court of jurisdiction to dispose of the motion. A notice of appeal that becomes effective under this subparagraph brings up for review any disposition by order or automatic denial of any timely filed motion listed in Subparagraphs (1) or (2) of this paragraph, without the necessity of attaching a copy of any order disposing of the motion to the notice of appeal. (5) An order granting a motion for new trial in a civil case is not appealable and renders any prior judgment non-appealable. (6) The three (3)-day period set forth in Rule 12-308(B) does not apply to any time limits under this paragraph. E. Motion for extension of time. (1) A party seeking an extension of time to file a notice of appeal shall file a motion in the district court before or not later than thirty (30) days after the expiration of the time otherwise prescribed by this rule for filing the notice of appeal. The motion for extension of time shall be served on all parties. The district court has jurisdiction to rule on the motion regardless of whether a notice of appeal has been filed. (2) If the motion is filed before the expiration of the time otherwise prescribed by this rule for filing the notice of appeal, the motion may be granted on a showing of good cause. (3) If the motion is filed within thirty (30) days after the expiration of the time otherwise prescribed by this rule for filing the notice of appeal, the motion may be granted on a showing of excusable neglect or circumstances beyond the control of the appellant. (4) A motion filed more than thirty (30) days after the expiration of the time otherwise prescribed by this rule for filing the notice of appeal shall not be granted. (5) An extension of time granted under this paragraph shall not exceed thirty (30) days after the date that the notice of appeal would have been due if the extension had not been granted. A party that has filed a motion for extension of time must file a notice of appeal within thirty (30) days after the expiration of the time otherwise prescribed by this rule for filing the notice even if the motion for extension of time remains pending. The district court may grant the motion retroactively. F. Grace period when notice is sent by mail or commercial courier. A notice of appeal that is sent by mail or commercial courier service to the court in which it is to be filed shall be deemed to be timely filed on the day it is received if the notice of appeal contains a certificate of service, which in addition to the information otherwise required by Rule 12-307(E) NMRA explicitly states that the notice of appeal was sent to the court in which it is to be filed by mail or commercial courier service and was postmarked by the United States Postal Service or date-stamped by the commercial courier service at least one (1) day before the due date for the notice of appeal otherwise prescribed by this rule. The clerk’s office shall file-stamp a notice of appeal with the date on which it is actually received regardless of any postmark date set forth in the certificate of service.