Rule 12-305 NMRA

Rule 12-305. Form of papers prepared by parties.

Last amended: 2016Year: 2016Length: 918 wordsOfficial source
A. Scope. This rule applies to briefs, motions, applications, petitions, and all other papers, except exhibits, prepared by parties or their attorneys and filed in the appellate court. B. General requirements. All papers filed by a represented party or an attorney shall be (1) clearly legible; (2) computer-generated or typewritten on good quality white paper, eight and one-half by eleven (8 1/2 x 11) inches in size, with left, right, top, and bottom margins of one (1) inch; (3) paginated with consecutive page numbers at the bottom; (4) stapled at the upper left-hand corner; and (5) signed in accordance with Rule 12-302(A) NMRA, with the signature block containing the name, address, and telephone number of counsel filing the paper. C. Handwritten papers. Self-represented, non-attorney litigants may file handwritten papers. The submission of handwritten papers is discouraged. Handwritten papers shall be (1) clearly legible; (2) written in black or blue ink on white paper, eight and one-half by eleven (8 1/2 x 11) inches in size, with no more than thirty (30) lines per page and fifteen (15) words per line, and left, right, top, and bottom margins of one (1) inch; (3) paginated with consecutive page numbers at the bottom; (4) signed in accordance with Rule 12-302(A) NMRA, with the signature block containing the name, address, and telephone number of the party filing the paper. D. Minimum size for type style or typeface. Except for handwritten papers, all papers shall be computer-generated or typed using either a proportionally-spaced or monospaced type style or typeface. (1) A proportionally-spaced type style or typeface, such as Times New Roman, must include serifs and must be fourteen (14) point or larger. The cover page of a brief, docketing statement, or statement of issues may be eleven (11) point or larger if necessary to fit all information required by Paragraphs F and G of this rule on a single page. A proportionally-spaced type style or typeface varies the horizontal spacing of each character based on its relative shape. (2) A monospaced type style or typeface, such as Courier, may not contain more than ten (10) characters per inch. A monospaced type style or typeface allots the same amount of horizontal space for each character, whatever the relative shape of the characters. E. Spacing. All papers shall be double-spaced, except that information required by Paragraph F of this rule, cover page, table of contents, table of authorities, headings, subheadings, footnotes, quotations, signature blocks, and addresses contained in a certificate of service may be single-spaced. F. Caption. The front page of all papers shall show (1) the name of the appellate court; (2) the parties to the appeal and their status below and on appeal, with the plaintiff, petitioner, or party initiating the proceeding in the trial court or administrative body listed first (e.g., John Doe, Plaintiff-Appellee v. Richard Roe, Defendant- Appellant), or, for extraordinary writ proceedings filed under Rule 12-504 NMRA, the party or parties seeking the writ, the respondent(s), and the name(s) of the real parties in interest, if any, with the party seeking the writ listed first; (3) the docket number in the appellate court if one has been assigned; and (4) the title of the paper being filed. G. Cover page. The front cover of a docketing statement, statement of the issues, or brief shall also show (1) the county or administrative body in which the case was filed or tried, except for briefs filed in the Supreme Court under Rule 12-502 NMRA; (2) the name of the trial judge or administrative officer, except for briefs filed in the Supreme Court under Rule 12-502 NMRA; (3) the name, mailing address, and telephone number of counsel filing the document, or, if a party is not represented by counsel, the name, address, and telephone number of the party; and (4) if the party requests oral argument under Rule 12-319(B)(1) NMRA, a statement on the front cover of the party’s brief that oral argument is requested. H. Captions in appeals under the Children’s Code. In appeals concerning children involved in litigation under the provisions of the Children’s Code, the captioning shall conform to the following practice: (1) in criminal appeals involving a child adjudicated as a delinquent offender under Article 2 of the Children’s Code, the caption should identify the child by the child’s first name and the first initial of the child’s last name, and the status of the child on appeal should be listed as “Child-Appellant” or “Child-Appellee,” as the case may be; (2) in criminal appeals involving a child adjudicated as a serious youthful offender or youthful offender and sentenced as an adult under Article 2 of the Children’s Code, the caption should identify the child by the child’s full first and last name, and the status of the child on appeal should be listed as “Defendant-Appellant” or “Defendant- Appellee,” as the case may be; (3) in civil appeals involving a child who is the subject of an abuse and neglect proceeding or a termination of parental rights proceeding under Article 4 of the Children’s Code, the caption should identify the child and the child’s parents by their first names and the first initial of their last names, and should name any guardian ad litem; (4) in all other appeals involving a child under the provisions of the Children’s Code, the caption should identify the child, and the child’s parents when necessary, by their first names and the first initial of their last names, and should name any guardian ad litem.
Rule 12-305 NMRA: Rule 12-305. Form of papers prepared by parties. | Justis AI