Rule 12-401. Dismissal.

A. Dismissal in district court. If an appeal has not been docketed, the appeal may be dismissed by the district court upon motion of the appellant or by the parties upon the filing of a stipulation of the parties affected by the appeal. The district court clerk shall advise the appellate court in writing of the dismissal. B. Dismissal in appellate court. (1) Stipulated dismissal. Prior to entry of disposition, if all of the parties affected by an appeal or other proceeding sign and file with the appellate court clerk an agreement that the same be dismissed, an order of dismissal shall be entered and mandate or other process of the court shall issue immediately. (2) Dismissal on appellant’s motion. An appeal or other proceeding may be dismissed by the appellate court after motion by the appellant or party instituting the proceeding and upon such terms as are fixed by the appellate court or agreed upon by the affected parties. The motion shall state whether the opposition or concurrence of all affected parties has been sought as required by Rule 12-309(C) NMRA. (3) Dismissal on appellee’s motion. An appeal or other proceeding may be dismissed by the appellate court after motion by an appellee and upon such terms as are fixed by the appellate court. The motion shall state whether the opposition or concurrence has been sought by all affected parties as required by Rule 12-309(C) NMRA. If the motion is based on the failure to file a docketing statement or statement of the issues, the appellee shall pay the docket fee set by statute for such motions. (4) Dismissal on appellate court’s motion. An appeal or other proceeding may be dismissed by an appellate court for failure to comply with rules under Rule 12- 312 NMRA. C. Notice of dismissal. The appellate court clerk shall transmit a conformed copy of any dismissal entered under this rule to the district court, board, commission, administrative agency, or official whose action was sought to be reviewed.