Rule 12-203. Interlocutory appeals.

A. Application for interlocutory appeal. An appeal from an interlocutory order containing the statement prescribed by Section 39-3-3(A)(3) NMSA 1978 or Section 39- 3-4(A) NMSA 1978 is initiated by filing an application for interlocutory appeal with the appellate court clerk within fifteen (15) days after the entry of such order in the district court. Copies of the application shall be served by the applicant on all persons who are required to be served with a notice of appeal under Rule 12-202 NMRA. The three (3) day mailing period set forth in Rule 12-308 NMRA does not apply to the time limits set by this paragraph. B. Content of application. The application shall contain a statement of the facts necessary to an understanding of the controlling question of law determined by the order of the district court, a statement of the question itself and a statement of the reasons why a substantial ground exists for a difference of opinion on the question, and why an immediate appeal may materially advance the ultimate termination of the litigation. The statement of reasons shall contain case references, where available, and shall contain a summary of the applicant’s arguments. A copy of the order from which appeal is sought and of any findings of fact, conclusions of law, and opinion relating to the order shall be attached to the application. Any other documentary matters of record that will assist the appellate court in exercising its discretion may also be attached. The docket fee shall accompany the application, but no docketing statement or statement of the issues is required. C. Form of papers; number of copies. An application for interlocutory appeal shall conform to the requirements of Rules 12-305 and 12-306 NMRA. D. Response. Any other party may file a response, with attachments, if any, with the appellate court clerk within fifteen (15) days after service of the application and shall serve a copy on the appellant. The appellate court may deny the application prior to the filing of a response. The appellate court may set a hearing on the application. E. Reply. A reply is not permitted without leave of the appellate court, which may be granted on a showing of good cause. A motion seeking leave to file a reply must be filed and served within seven (7) days after service of the response and must include the proposed reply. F. Grant of application; assignment. If an application for interlocutory appeal is granted, the case may be assigned to a calendar, and the appellate court clerk shall give notice of the assignment in accordance with Rule 12-210 NMRA. The district court clerk shall transmit a copy of the record proper on receipt of the notice of calendar assignment or of the proposed summary disposition. The granting of an application shall automatically stay the proceedings in the district court unless otherwise ordered by the appellate court.