Rule 12-312 NMRA
Rule 12-312. Failure to comply with rules.
A. Appellant's failure to file. If an appellant fails to file a docketing statement in the
Court of Appeals, statement of the issues in the Supreme Court or a brief in chief as
provided by these rules, such failure may be deemed sufficient grounds for dismissal of
the appeal by the appellate court.
B. Appellee's failure to file. If an appellee fails to file an answer brief as provided
by these rules, the cause may be submitted upon the brief of appellant, and appellee
may not thereafter be heard, except by permission of the appellate court.
C. Non-complying notice of appeal. An appeal filed within the time limits provided
in these rules shall not be dismissed for technical violations of Rule 12-202 which do not
affect the substantive rights of the parties.
D. Other sanctions. For any failure to comply with these rules or any order of the
court, the appellate court may, on motion by appellant or appellee or on its own
initiative, take such action as it deems appropriate in addition to that set out in
Paragraphs A and B of this rule, including but not limited to citation of counsel or a party
for contempt, refusal to consider the offending party's contentions, assessment of fines,
costs or attorney fees or, in extreme cases, dismissal or affirmance.