Rule 12-309 NMRA

Rule 12-309. Motions.

Last amended: 2016Year: 2016Length: 293 wordsOfficial source
A. Use of motion. Unless otherwise prescribed by these rules, all applications for an order or other relief shall be made by filing a motion. B. Content and filing. Motions shall be filed, together with any supporting affidavits or other papers, with proof of service on all parties as provided in Rule 12-307 NMRA. A motion shall state concisely and with particularity the relief sought and the ground on which it is based. If the case has not been previously docketed in the appellate court, subject to the provisions of Rule 12-304 NMRA and Rule 23-114 NMRA, the docket fee shall accompany the motion. C. Opposition or concurrence. Prior to filing a motion, the moving party shall attempt to ascertain whether the motion will be opposed by any other party. The motion shall recite whether, on inquiry by counsel for the movant, any other party has expressed an intention to oppose or not oppose the motion or why the position of another party was not obtained after reasonable effort. D. Briefs. Motions directed to the appellate court’s discretion in procedural matters, such as motions seeking extensions of time and motions for leave to exceed length limitations, need not be accompanied by briefs. Such motions shall state with particularity the reasons for the request. Other motions may be accompanied by a separate brief. E. Responses. An adverse party may file and serve a response within fifteen (15) days after service of movant’s motion. F. Replies. A reply is not permitted without leave of the appellate court, which may be granted on 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.
Rule 12-309 NMRA: Rule 12-309. Motions. | Justis AI