Rule 12-209 NMRA
Rule 12-209. The record proper (the court file).
A. Composition. The papers and pleadings filed in the district court (the court file),
or a copy thereof shall constitute the record proper. Depositions shall not be copied.
The original, if contained in the court file, shall be filed with the appellate court and shall
not be sealed except on the order of the district court or appellate court. The record
proper shall be prepared in the manner provided by Rule 22-301 NMRA of the Rules
Governing the Recording of Judicial Proceedings.
B. Transmission. On receipt of a copy of the docketing statement or statement of
issues, the district court clerk shall number consecutively the pages of the record proper
and send it to the appellate court so that it will be filed in the appellate court not later
than fourteen (14) days from the date the docketing statement or statement of issues is
received by the district court. The first page, after the title page, of the record proper
shall consist of a copy of the district court clerkโs docket sheet with references to the
page of the record proper for each entry. The district court clerk shall send a copy of this
docket sheet to all counsel of record. The district court clerk shall include a statement of
the costs of the record proper. The appellant shall pay for the record proper within ten
(10) days of the filing of the docketing statement or statement of issues.
C. Correction or modification of the record proper. If anything material to either
party is omitted from the record proper by error or accident, the parties by stipulation, or
the district court or the appellate court on motion or on its own initiative, may direct that
the omission be corrected, and a supplemental record proper transmitted to the
appellate court. The appellate court shall notify the parties when it has ordered
supplemental material on its own accord.
D. Documents filed during pendency of appeal. Copies of all documents filed in
the district court during the pendency of the appeal shall be transmitted to the appellate
court for inclusion in the record proper, unless otherwise ordered by the appellate court.
E. Return of record proper. After final determination of the appeal, if the original of
the record proper has been filed under Paragraph A of this rule, the appellate court clerk
shall return the record proper to the district court clerk.