Rule 12-319 NMRA
Rule 12-319. Oral argument.
A. Oral argument. The appellate court may order oral argument at its discretion. No
oral argument shall be heard on cases assigned to the summary calendar.
B. Request for oral argument. Any party may request oral argument by including
on the cover page or first page of the opening brief a statement that oral argument is
requested. The requesting party may separately set out a concise statement of the
reasons why oral argument would be helpful to a resolution of the issues.
C. Settings.
(1)
Notice of setting. Settings for oral argument will be fixed by the appellate
court and notice thereof given by the appellate court clerk.
(2)
Motion to reset oral argument. Except for good cause shown, a motion
to reset oral argument shall be made within ten (10) days after service of notice of
setting.
D. Order and content of argument. Unless otherwise ordered, the petitioner,
movant, or party first filing a notice of appeal shall open and close the argument. If
notices are filed on the same day, the plaintiff in the proceeding below shall open and
close the argument. Unless the appellate court directs otherwise, a cross-appeal or
separate, related appeal shall be argued when the initial appeal is argued. Counsel for
the same side should avoid duplicative argument. Counsel must not read at length from
briefs, records, or authorities. Counsel should assume that the justices or judges have
read the briefs before oral argument.
E. Time for argument. The time for oral argument shall not exceed twenty (20)
minutes on each side for motions, petitions, or applications and thirty (30) minutes on
each side as to all other matters unless the time is extended or restricted by the
appellate court.
F. Use of physical exhibits; removal. A party may use physical exhibits at
argument only on prior motion and leave of the appellate court. The motion shall
concisely state why the use of the exhibits may significantly aid in the appellate court’s
decisional process, shall indicate whether opposing counsel has any objection to the
use of the exhibits, and shall be filed at least ten (10) days before the scheduled
argument date. A party whose motion to use physical exhibits has been granted must
make arrangements with the appellate court clerk to have the exhibits placed in the
courtroom before court convenes on the date of argument. After argument, counsel
shall remove the exhibits from the courtroom unless the appellate court otherwise
directs. If counsel seeks to distribute documents or other material to the justices or
judges during oral argument, counsel shall provide the necessary copies directly to the
appellate court clerk during the argument at the appropriate time, with a copy to
opposing counsel, and the appellate court clerk will then distribute the material to each
justice or judge.
G. Nonappearance of parties. If a party fails to appear to present argument, the
appellate court may, in its discretion, hear argument on behalf of the opposing party.
H. Joint argument. Two or more cases involving the same or related questions
may be heard together on request of a party or by order of the appellate court.
I. Participating justices or judges. A justice or judge who did not hear the original
argument may participate in the decision of any cause by reviewing a recording or
transcript of the original oral argument.