Rule 12-404. Rehearings.

A. Motion; when filed. A motion for rehearing may be filed within fifteen (15) days after filing of the appellate court’s disposition, or any subsequent modification of its disposition, unless the time is shortened or enlarged by order. The three (3) day mailing period set forth in Rule 12-308 NMRA does not apply to the time limits set by this rule. The motion shall state briefly and with particularity, but without argument, the points of law or fact which in the opinion of the movant the court has overlooked or misapprehended. If the motion is based on a point of law or fact not raised, briefed, or argued by any party but relied on by the court in its disposition of the matter, the motion shall specifically so state, and shall be accompanied by a brief in support thereof. In all other cases the movant may, but is not required to, file a brief in support of the motion at the time it is filed. No response to a motion for rehearing shall be filed unless requested by the court. If a motion for rehearing is granted, the appellate court clerk shall give notice thereof and any party who has not filed a brief on rehearing may, within fifteen (15) days after notice, file a brief addressed to the issues on rehearing. There shall be no other briefs or argument unless the appellate court shall otherwise direct. B. How granted. (1) Supreme Court. Rehearing in the Supreme Court may be granted on the request of any three justices. Any member of the current court may participate in a rehearing or consideration of a motion for rehearing irrespective of whether the justice participated in the original decision or was a member of the court at the time the original decision was filed. When necessary the court may designate any justice or judge to participate in a rehearing or consideration of a motion for rehearing. (2) Court of Appeals. Rehearing in the Court of Appeals may be granted at the request of any two judges who participated in the hearing or decision. If any judge of the Court who participated in the hearing or decision is unable, for any reason, to participate in a rehearing or consideration of a motion for rehearing, the chief judge or acting chief judge shall designate another judge or acting judge of the Court as a replacement, and the judge so designated shall have the same duties and authority as though the judge had participated in the hearing and concurred in the decision. C. Effect on decision or opinion. The granting of a motion for rehearing shall have the effect of suspending the decision or opinion of the appellate court until final determination by the appellate court.