Rule 12-302. Appearance, withdrawal, or substitution of attorneys; changes of address or telephone number.

A. Signatures. The original of each brief, motion, or other paper filed shall bear the signature of at least one of the counsel filing it, or if a party is proceeding pro se, the signature of the party. A “signature” means an original signature, a copy of an original signature, a computer generated signature, or any other signature otherwise authorized by law. B. Appearance. An attorney or firm shown as participating in the filing of any brief, motion, or other paper shall, unless otherwise indicated, be deemed to have appeared in the cause. If an attorney’s appearance is limited under Rule 16-102(C) NMRA, the limitation shall be specified on the cover page and in the signature block of each paper filed by the attorney under the limited appearance, and the cover page and signature block of the paper shall include an address where service may be made on the client. C. Motion to withdraw. (1) No attorney or firm that has appeared without limitation in a cause may withdraw from it without filing a motion to withdraw and obtaining an order from the appellate court. The appellate court may condition withdrawal upon substitution of other counsel, the filing by the attorney’s client of an address at which service may be made on the client, or other requirements as ordered by the appellate court. Proof of service by the withdrawing attorney shall be made on all other parties. Attorneys whose appearances are limited as set forth in Paragraph B of this rule need not obtain consent of the appellate court before withdrawing or otherwise ceasing to act in the matter, except if the purpose of the limited representation is not completed. An attorney from a firm or agency may file a withdrawal of appearance from a particular case by notice if at least one attorney of the firm or agency remains in the case. (2) Where the Court of Appeals appoints an attorney in a proceeding arising from a petition alleging abuse or neglect, from a motion to terminate parental rights, or from a custody hearing, the attorney may file a motion to withdraw with the Court of Appeals within (15) fifteen days after the Court of Appeals issues a decision fully disposing of the issues on appeal. If an attorney files a motion to withdraw with the Court of Appeals as provided herein, then the attorney must notify the client of the filing of the motion to withdraw and inform the client when a petition for a writ of certiorari may be filed with the Supreme Court under Rule 12-502(B) NMRA. An order disposing of the motion to withdraw is the final action by the Court of Appeals for purposes of Rule 12- 502(B) NMRA. D. Notice of change of address or telephone number. Counsel for a party, or any party proceeding pro se, shall promptly give notice of any change of mailing address or telephone number by filing a notice with the clerk of the court in each pending cause in which counsel or the party is appearing and by serving the notice upon all other counsel and pro se parties. E. Nonadmitted counsel in civil cases. (1) Counsel not admitted to practice law in New Mexico, but who are admitted to practice law and in good standing in another jurisdiction, may, upon compliance with Rule 24-106 NMRA, sign briefs, motions, and other papers, and may orally argue before the appellate court, only in association with counsel admitted to practice law and in good standing in New Mexico. New Mexico counsel shall sign the first paper filed in the appellate court, and New Mexico counsel’s name and address shall appear on all subsequent papers filed. Unless excused by the appellate court, New Mexico counsel shall also be present in person in all proceedings. (2) Nonadmitted counsel shall state by affidavit that they are admitted to practice law and are in good standing to practice law in another jurisdiction and that they have complied with Rule 24-106 NMRA. Such affidavit shall be filed with the first paper filed in the appellate court, or as soon as practicable after a party decides on representation by nonadmitted counsel. If nonadmitted counsel has already filed an affidavit in compliance with Rule 24-106 NMRA in a lower court, then a copy of that affidavit shall be filed in the appellate court. Upon filing of the affidavit, nonadmitted counsel will be deemed admitted subject to the other terms and conditions of this paragraph. Proof of service of the affidavit shall be made as provided in Rule 12-307 NMRA. A separate motion and order are not required for the participation of nonadmitted counsel. (3) For good cause shown, the appellate court may revoke the privilege of any nonadmitted counsel to appear in any proceeding. (4) New Mexico residents not admitted to practice law in this state may not appear as counsel, except pro se. F. Nonadmitted counsel in criminal cases. (1) Counsel not admitted to practice law in New Mexico but who are admitted to practice law and in good standing in another jurisdiction may, upon compliance with Rule 5-108 NMRA, sign briefs, motions, and other papers, and may orally argue before the appellate court, only in association with counsel admitted to practice law and in good standing in New Mexico. New Mexico counsel shall sign the first paper filed in the appellate court, and New Mexico counsel’s name and address shall appear on all subsequent papers filed. Unless excused by the appellate court, New Mexico counsel shall also be present in person in all proceedings. (2) Nonadmitted counsel shall state by affidavit that they are admitted to practice law and are in good standing to practice law in another jurisdiction and that they have complied with Rule 5-108 NMRA. Such affidavit shall be filed with the first paper filed in the appellate court, or as soon as practicable after a party decides on representation by nonadmitted counsel. If nonadmitted counsel has already filed an affidavit in compliance with Rule 5-108 NMRA in a lower court, then a copy of that affidavit shall be filed in the appellate court. Upon filing of the affidavit, nonadmitted counsel will be deemed admitted subject to the other terms and conditions of this paragraph. Proof of service of the affidavit shall be made as provided in Rule 12-307 NMRA. A separate motion and order are not required for the participation of nonadmitted counsel, unless nonadmitted counsel has not previously complied with Rule 5-108 NMRA. (3) For good cause shown, the appellate court may revoke the privilege of any nonadmitted counsel to appear in any proceeding. (4) New Mexico residents not admitted to practice law in this state may not appear as counsel, except pro se. G. Capital appellate counsel. The defendant in any appeal in a case in which a sentence of death may be imposed must be represented by at least two (2) attorneys, one (1) of whom meets the minimum standards set forth in this paragraph for first-chair capital appellate defense attorneys and another who meets the minimum standards set forth in this paragraph for first-chair or second-chair capital appellate defense attorneys. (1) The minimum standards for first-chair capital appellate defense attorneys include the following: (a) membership in good standing of any state bar; (b) a minimum of five (5) years active trial or appellate experience in criminal cases as a licensed attorney immediately preceding appointment; (c) prior experience in the last three (3) years as lead counsel or co-counsel in the appeal of at least six (6) felony jury convictions in federal or state court, at least two (2) of which were murder convictions; and (d) completion within two (2) years prior to entry of appearance of at least twelve (12) hours of training in capital representation in a program approved by the Law Offices of the Public Defender and qualified for New Mexico MCLE credit. (2) The minimum standards for second-chair capital appellate defense attorneys include the following: (a) membership in good standing of any state bar; (b) a minimum of three (3) years active trial or appellate experience in criminal cases as a licensed attorney immediately preceding appointment; (c) prior experience in the last eighteen (18) months as lead counsel in the appeal of at least four (4) felony convictions in state or federal court; and (d) completion within two (2) years prior to entry of appearance of at least twelve (12) hours of training in capital representation in a program approved by the Law Offices of the Public Defender and qualified for New Mexico MCLE credit. This requirement may be met within one (1) year after appointment as second-chair counsel in a death penalty appeal. The district court shall require any attorney who enters an appearance to show that the attorney is a qualified capital appellate defense attorney in accordance with the requirements of this paragraph. If the district court determines that the defendant is not represented by two (2) qualified capital appellate defense attorneys, at least one (1) of whom is qualified to act as first chair, the district court, in the case of indigent defendants, shall order the Law Offices of the Public Defender to appoint one (1) or more qualified attorneys to ensure that the defendant is represented as required by this paragraph.