Rule 12-210. Calendar assignments for direct appeals.

A. Scope. This rule applies to direct appeals from the district court or an administrative agency to the Court of Appeals and to the limited categories of cases where direct appeals from the district court or an administrative agency must be brought directly to the Supreme Court. An appellate court may use the calendar assignments set forth in this rule to facilitate the disposition of other types of proceedings. B. Calendar assignment; notice. The appellate courts use a calendar assignment as a screening tool. After the filing of the docketing statement in the Court of Appeals or the statement of the issues in the Supreme Court, as provided in Rule 12-208 NMRA, the Court shall assign the case to either the general, summary, or legal calendar. The assignment may be made by a single judge or justice and shall be based on the record proper and either the docketing statement or the statement of the issues. The appellate court clerk shall file and promptly serve notice of the assignment on the parties and the district court clerk. The date stamped on the calendar notice is the date of service for purposes of Rule 12-308 NMRA. C. General calendar. Both the Supreme Court and the Court of Appeals use the general calendar. The following provisions apply to a case assigned to the general calendar. (1) Designation of transcripts, depositions, and exhibits. The transcript of proceedings, depositions, and exhibits shall be designated and filed as provided in Rules 12-211 and 12-212 NMRA. (2) Briefing schedule. The filing of either the transcript of proceedings or the notice of nondesignation of transcript triggers the commencement of the briefing schedule. The appellate court clerk shall notify the parties that the briefing time has commenced. Unless otherwise ordered by the Court, (a) the appellant shall file and serve a brief in chief within forty-five (45) days after service of notice by the appellate court clerk that all transcripts of proceedings have been filed in the appellate court, or if no transcript is filed, either because the appellant does not deem any part of the proceedings necessary for the appeal or because no proceedings were held in the district court, within forty-five (45) days after the appellant serves its notice of nondesignation of transcript under Rule 12-211(C)(1) NMRA; (b) the appellee shall file and serve an answer brief within forty-five (45) days after service of the brief of the appellant; (c) the appellant may file and serve a reply brief within twenty (20) days after service of the brief of the appellee; and (d) briefs on cross-appeals shall be filed and served as provided in Rule 12- 318 NMRA. (3) Submission and oral argument. After briefing is complete, the appellate court clerk shall submit the case to the Court for decision. The Court may order oral argument at its discretion. D. Summary calendar. Both the Supreme Court and the Court of Appeals use the summary calendar. The following provisions apply to a case assigned to the summary calendar. (1) Notice of proposed summary disposition. Absent an order from the Court based on a showing of good cause, no briefs, transcript of proceedings, depositions, or exhibits shall be filed. Unless otherwise ordered, the case will be submitted for review on the record proper and either the docketing statement or the statement of the issues. After initial review by the Court, the appellate court clerk shall file and serve a notice of proposed summary disposition, stating the basis for the Court’s proposed disposition of the case. (2) Memoranda in opposition or support. The parties shall have twenty (20) days from the date of service of the notice of proposed disposition to file and serve a memorandum in opposition or a memorandum in support, setting forth reasons why the proposed disposition should or should not be made and why the case should or should not remain assigned to the summary calendar. The parties shall not argue issues that are not contained in either the docketing statement or the statement of the issues. The Court may, for good cause shown, permit the appellant to amend the docketing statement or the statement of the issues. The appellant may combine a motion to amend the docketing statement or the statement of the issues with a memorandum in opposition. (3) Length limitations for summary calendar memoranda. Except by permission of the Court, memoranda filed under Subparagraph (2) of this paragraph shall comply with Rule 12-305 NMRA and the following length limitations. (a) Body of the memorandum defined. The body of the memorandum consists of headings, footnotes, quotations, and all other text, except any cover page, table of contents, table of authorities, signature blocks, and certificate of service. (b) Page limitation. The body of the memorandum shall not exceed thirty-five (35) pages unless the memorandum complies with Subparagraph (3)(c) of this paragraph. (c) Type-volume limitation. The body of the memorandum shall not exceed either eleven thousand (11,000) words, if the party uses a proportionally-spaced type style or typeface, such as Times New Roman, or one thousand two hundred (1,200) lines, if the party uses a monospaced type style or typeface, such as Courier. (d) Statement of compliance. If the body of the memorandum exceeds the page limitations of Subparagraph (3)(b) of this paragraph, then the memorandum must contain a statement that it complies with the limitations of Subparagraph (3)(c) of this paragraph. If the memorandum is prepared using a proportionally-spaced type style or typeface, such as Times New Roman, the statement shall specify the number of words contained in the body of the memorandum as defined in Subparagraph (3)(a) of this paragraph. If the memorandum is prepared using a monospaced type style or typeface, such as Courier, the statement shall specify the number of lines contained in the body of the memorandum. If the word-count or line-count information is obtained from a word- processing program, the statement shall identify the program and version used. (4) Submission without oral argument. After reviewing any memoranda in support of or in opposition to the proposed summary disposition, the Court will reassign the case to the general or legal calendar and notify the parties of the new calendar assignment, issue another notice of proposed summary disposition, or proceed to decide the case summarily. The Court’s disposition of cases on the summary calendar may be in any form permitted under Rule 12-405 NMRA. No oral argument shall be heard on cases assigned to the summary calendar. E. Legal calendar. The Court of Appeals uses the legal calendar. The following provisions apply to a case assigned to the legal calendar. (1) Legal issues. No transcript of proceedings, depositions, or exhibits shall be filed. The case will be submitted to the Court and decided on legal issues. (2) Briefing schedule. The parties shall submit briefs prior to decision on the legal calendar, and except for cases assigned to the expedited bench decision program in the Court of Appeals under Paragraph F of this rule, briefing time shall commence from the date of service of the appellate court clerk’s notice of the calendar assignment. Unless otherwise ordered by the Court, (a) the appellant shall file and serve a brief in chief within thirty (30) days; (b) the appellee shall file and serve an answer brief within thirty (30) days after service of the brief of the appellant; (c) the appellant may file and serve a reply brief within twenty (20) days after service of the brief of the appellee; and (d) briefs on cross-appeals shall be filed and served as provided in Rule 12- 318 NMRA. (3) Submission and oral argument. After briefing is complete, the Court of Appeals clerk shall submit the case to the Court for decision. No oral argument shall be allowed on cases assigned to the legal calendar unless otherwise ordered by the Court of Appeals. F. Expedited bench decision program in the Court of Appeals. The Court of Appeals may assign a case to its expedited bench decision program, which is governed by a Court of Appeals miscellaneous order. The most recent version of the order may be viewed on the Court of Appeals website, at https://www.nmcourts.gov/Court-of- Appeals/.