Rule 12-501. Certiorari from the Supreme Court to the district court regarding denial of habeas corpus.

A. Scope of rule. This rule governs petitions for the issuance of writs of certiorari seeking review of denials of habeas corpus petitions by the district court under Rule 5- 802 NMRA of the Rules of Criminal Procedure. B. Time. Petitions for writs of certiorari shall be filed with the Supreme Court clerk within thirty (30) days of entry of the district court’s order denying the petition. Subject to the provisions of Rule 12-304 NMRA and Rule 23-113 NMRA, the petition shall be accompanied by the docket fee. The three (3) day mailing period set forth in Rule 12- 308 NMRA does not apply to the time limits set by this paragraph. C. Extensions of time to file petition. (1) Before the time for filing a petition has expired, on a showing of good cause, the Supreme Court may extend the time for filing the petition for a period not to exceed thirty (30) days from the expiration of the time otherwise prescribed by this rule. (2) After the time has expired for filing a petition, on a showing of excusable neglect or circumstances beyond the control of the petitioner, the Supreme Court may extend the time for filing a petition for a period not to exceed thirty (30) days from the expiration of time otherwise provided by this rule. (3) After sixty (60) days from the time of the order denying the petition, the Supreme Court may extend the time for filing the petition on a showing of good cause and circumstances beyond the control of the petitioner. (4) In computing time under this paragraph, the three (3) day mailing period set forth in Rule 12-308 NMRA does not apply. D. Petition; contents. The petition, not exceeding ten (10) pages, shall have attached a copy of the petition for writ of habeas corpus and attachments filed in district court, the response, if any, and a copy of the district court’s denial thereof, and shall contain (1) a description of the proceedings in district court relating to the petition, showing whether an evidentiary hearing was held in district court, and if so, a summary of the evidence presented therein; (2) a direct and concise argument showing that the district court’s decision was erroneous; and (3) a prayer for relief. E. Briefs, records, and transcripts. In the event the writ of certiorari is issued, additional briefs, the record, and transcripts may be filed only as directed by the Supreme Court. F. Service. Service of any paper shall be made and proof thereof accomplished in accordance with Rule 12-307 NMRA. G. Copies. If the petition for writ of certiorari has been filed pro se by a petitioner adjudged indigent, only the original petition shall be filed. In all other cases, copies shall be filed in accordance with Rule 12-306 NMRA.