Rule 12-203.1. Appeals to the Court of Appeals from orders granting or denying class action certification.

A. Application for appeal from order on class action certification. An appeal from an order granting or denying class action certification under Rule 1-023(F) NMRA is initiated by filing an application for such appeal with the Court of Appeals clerk within fifteen (15) days after entry of the order. Copies of the application shall be served by the applicant on the district court clerk and 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 in this paragraph. B. Content of the application. A copy of the certification order from which appeal is sought and 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 Court in exercising its discretion may also be attached. Subject to the provisions of Rule 12-304 NMRA and Rule 23-113 NMRA, the docket fee shall accompany the application, but no docketing statement is required. The application shall contain a concise statement of the following: (1) each question being presented; (2) the facts necessary to an understanding of each question presented; (3) the relief sought; and (4) the reasons why the certification order (a) is likely to terminate the litigation, independent of the merits, because it would be impracticable for the party seeking class certification to maintain the action absent certification or because class certification would create irresistible pressure on the opposing party to settle, and why the order is questionable or erroneous; (b) presents an unsettled and fundamental issue of law in relation to class actions that is important to the specific litigation and the general state of the law and is likely to evade review on appeal from a final judgment; or (c) is manifestly erroneous. C. Form of papers; number of copies. An application for appeal from an order granting or denying class action certification 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 Court within fifteen (15) days after service of the application and shall serve a copy on the applicant. The Court may deny the application prior to the filing of a response. The Court may set a hearing on the application. E. Reply. A reply is not permitted without leave of the Court, which may be granted upon 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 appeal from an order granting or denying class action certification is granted, the case may be assigned to a calendar, and the Court of Appeals 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 upon receipt of the notice of calendar assignment or of the proposed summary disposition. G. Stay of proceedings in district court. The granting of the application shall not stay proceedings in the district court unless ordered by the district court or the Court of Appeals. A party seeking a stay of the proceedings in district court shall first seek such an order from the district court, and any party may thereafter seek appellate review of the district court’s ruling under Rule 12-207 NMRA.