Rule 12-318. Briefs.

A. Brief in chief. The brief in chief of the appellant, under appropriate headings and in the order indicated in this rule, shall contain the following: (1) a table of contents, which shall list each section heading and the page on which that section begins. The appellant may raise issues in addition to those raised in the docketing statement or statement of the issues unless the appellee would be prejudiced. (a) When the transcript of proceedings is an audio recording, after the listing of section headings, the table of contents shall include either a statement of the name of the manufacturer and model of the device used in citing references to the transcript, together with a statement of how many counters or units are on one side of a tape when that tape is played on the device (e.g., Sony BM-25 with 730 counters per tape side), or a statement that the transcript citations conform to the official log. (b) When the transcript of proceedings is a digital or other electronic recording, after the listing of section headings, the table of contents shall include a statement that references to the recorded transcript are by elapsed time from the start of the recording (e.g., “Tr. 10:25” indicates a point occurring ten minutes and twenty-five seconds after the start of the recording). (c) If the brief exceeds the page limits contained in Subparagraph (F)(2) of this rule, after any statement regarding the method of citing the transcript, the table of contents shall include a statement of compliance as required by Paragraph G of this rule; (2) a table of authorities, arranged in separate headings for each type of authority cited, listing cases alphabetically (New Mexico decisions separately from decisions from other jurisdictions), statutes, and other authorities, with page references; (3) a summary of proceedings, briefly describing the nature of the case, the course of proceedings, and the disposition in the court below, and including a summary of the facts relevant to the issues presented for review. This summary shall contain citations to the record proper, transcript of proceedings, or exhibits supporting each factual representation, in accordance with the citation format found in the Appendix to Rule 23-112 NMRA. A contention that a verdict, judgment, or finding of fact is not supported by substantial evidence shall be deemed waived unless the summary of proceedings includes the substance of the evidence bearing on the proposition; (4) an argument which, with respect to each issue presented, shall contain a statement of the applicable standard of review, the contentions of the appellant, and a statement explaining how the issue was preserved in the court below, with citations to authorities, record proper, transcript of proceedings, or exhibits relied on. Applicable New Mexico decisions shall be cited. The argument shall set forth a specific attack on any finding, or the finding shall be deemed conclusive. A contention that a verdict, judgment, or finding of fact is not supported by substantial evidence shall be deemed waived unless the argument identifies with particularity the fact or facts that are not supported by substantial evidence; and (5) a conclusion containing a precise statement of the relief sought. B. Answer brief. The appellee may file an answer brief responding to each brief in chief but is encouraged to consolidate arguments into a single answer brief when appropriate. A consolidated answer brief shall be titled as such on its cover page. An answer brief shall conform to the requirements of the brief in chief, but a summary of proceedings shall not be included unless deemed necessary. C. Reply brief. The appellant may file a reply brief responding to each answer brief but is encouraged to consolidate arguments into a single reply brief when appropriate. A consolidated reply brief shall be titled as such on its cover page. A reply brief shall conform to the requirements of Subparagraphs (A)(1), (2), and (4) of this rule, and shall reply only to arguments or authorities presented in the answer brief. D. Supplemental briefs and authorities. (1) Except for those briefs specified in this rule, no briefs may be filed without prior approval of the appellate court. (2) When pertinent and significant authorities come to the attention of counsel after counsel’s brief has been filed, or after oral argument but before decision, counsel shall promptly advise the appellate court clerk, by notice and without argument, with a copy to all counsel, setting forth the citations and attaching a copy, if available. The notice shall be filed and served in accordance with Rule 12-307 NMRA. The notice shall refer either to the page of the brief or to a point argued orally to which the citations pertain. E. Citations. All authorities shall be cited in accordance with Rule 23-112 NMRA. F. Length, preparation, and service of briefs. The requirements of Rule 12-305 NMRA apply to briefs. (1) Body of the brief defined. The body of the brief in chief, answer brief, amicus brief, or reply brief consists of headings, footnotes, quotations, and all other text except the cover page, caption, table of contents, table of authorities, signature blocks, statement regarding oral argument, if any, and certificate of service. (2) Page limit. Except by permission of the court, or unless it complies with Subparagraph (F)(3) of this rule, the body of a brief in chief, answer brief, or amicus brief shall not exceed thirty-five (35) pages. Except by permission of the court, or unless it complies with Subparagraph (F)(3) of this rule, the body of the reply brief shall not exceed fifteen (15) pages. (3) Type-volume limit. Except by permission of the court, the body of a brief in chief, answer brief, or amicus brief shall not exceed eleven thousand (11,000) words, if the party uses a proportionally-spaced type style or typeface, such as Times New Roman, or one thousand two hundred (1,200) lines, if the party uses a monospaced type style or typeface, such as Courier. The body of a reply brief shall not exceed four thousand four hundred (4,400) words, if the party uses a proportionally-spaced type style or typeface, or four hundred eighty (480) lines, if the party uses a monospaced type style or typeface. (4) Attachments prohibited. No documents shall be attached to briefs. (5) Service. Briefs shall be served in accordance with Rule 12-307 NMRA. G. Statement of compliance. Under Subparagraph (A)(1)(c) of this rule, if a brief exceeds the page limits of Subparagraph (F)(2) of this rule, then the brief shall contain a statement that it complies with the limits of Subparagraph (F)(3) of this rule. If the brief is prepared using a proportionally-spaced type style or typeface, such as Times New Roman, the statement shall specify the number of words contained in the body of the brief. If the brief is prepared using a monospaced type style or typeface, such as Courier, the statement shall specify the number of lines contained in the body of the brief. If the word-count or line-count information is obtained from a word-processing program, the statement shall identify the program and version used. H. Time of filing. Unless otherwise ordered by the appellate court or as these rules prescribe, Rule 12-210 NMRA governs the time and order of filing briefs. I. Cross-appeals. In cross-appeals, the brief in chief, the answer brief, and the reply brief shall comply with this rule. The party who first files a notice of appeal or, if both parties file on the same day, the plaintiff in the proceedings below, shall be the appellant. The appellant’s brief in chief shall be filed as provided in Rule 12-210 NMRA. The appellee’s answer brief and brief in chief on cross-appeal shall be filed simultaneously as separate documents and shall be filed within forty-five (45) days after service of the brief in chief of the appellant in cases assigned to the general calendar and within twenty (20) days after service in cases assigned to the legal calendar. The appellant’s reply brief and answer brief to the brief in chief on cross-appeal shall be filed simultaneously as separate documents within forty-five (45) days after service of the answer brief and brief in chief on cross-appeal in cases assigned to the general calendar and within twenty (20) days after service in cases assigned to the legal calendar. A cross-appellant may file a reply brief within twenty (20) days after service of the answer brief responding to cross-appellant’s brief in chief. J. Failure to comply. Briefs that fail to comply with the requirements of this rule may be returned for correction or rejected by the appellate court, in addition to other sanctions provided in Rule 12-312(D) NMRA.