Rule 12-312 NMRA

Rule 12-312. Failure to comply with rules.

Last amended: 1998Year: 1998Length: 219 wordsOfficial source
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.
Rule 12-312 NMRA: Rule 12-312. Failure to comply with rules. | Justis AI