Rule 12-504. Other extraordinary writs from the Supreme Court.

A. Scope of rule. This rule governs the procedure for the issuance of all writs in the exercise of the Supreme Court’s original jurisdiction except for writs of certiorari to the Court of Appeals under Rule 12-502 NMRA and the district courts under Rule 12-501 NMRA, and writs of error under Rule 12-503 NMRA. B. Initiation of proceedings. (1) Extraordinary writ proceedings in the exercise of the Supreme Court’s original jurisdiction shall be initiated by filing with the Supreme Court clerk a verified petition of the party seeking the writ. Subject to the provisions of Rule 12-304 NMRA and Rule 23-114 NMRA, the appropriate docket fee shall accompany the petition. As used in this rule, a “verified petition” is one that contains a statement under oath that the signer has read the petition and that the statements contained in the petition are true and correct to the best of the signer’s knowledge, information, and belief. The statement under oath need not be notarized. The petition shall set forth the following: (a) the grounds on which jurisdiction of the Supreme Court is based; (b) the circumstances making it necessary or proper to seek the writ in the Supreme Court if the petition might lawfully have been made to some other court in the first instance; (c) the name or names of the real parties in interest, if any, if the respondent is a justice, judge, or other public officer or employee, court, board, or tribunal, purporting to act in the discharge of official duties; (d) the ground or grounds on which the petition is based, and the facts and law supporting the same stated in concise form; and (e) a concise statement of the relief sought. (2) Any opinions, orders, transcripts, or other papers indicating the respondent’s position on the matter in question shall be attached to the petition, if available. Any pleadings or other papers may be attached if they are necessary and appropriate to inform the Court adequately regarding the circumstances out of which the petition arises and the basis for granting relief. (3) If the circumstances giving rise to the petition appear to the petitioner to require the Court to act on an emergency basis, the petition shall clearly be designated in its title as an “emergency” petition. C. Proceedings and disposition. (1) The respondent, the real parties in interest, and the attorney general may file a response to the petition. A response shall comply with the requirements of Paragraphs G and H of this rule. The Court may act on a petition prior to the filing of a response. A reply is not permitted without leave of the Court, which may be granted on a showing of good cause. A motion seeking leave to file a reply must be filed and served within seven (7) days after service of a response and must include the proposed reply. (2) If it appears to a majority of the Court that the petition is without merit, concerns a matter more properly reviewable by appeal, or seeks relief prematurely, it may be denied summarily. (3) If the petition is not summarily denied, the Court may direct the respondent, the real parties in interest, and the attorney general to file a response or further response to the petition, may request briefs on the issues presented in the petition, or may set a hearing on the petition, and the matter shall proceed accordingly or as otherwise ordered by the Court. (4) If the petitioner is entitled to a writ or relief other than that requested in the petition, the petition shall not be denied, and the Court shall grant the writ or relief to which the petitioner is entitled. D. Stays. (1) A party filing a petition for an extraordinary writ and also seeking a stay of some action by the respondent pending disposition of the petition shall include the phrase “and Request for Stay” in the title of the petition in addition to complying with other requirements of this paragraph. The respondent, the real parties in interest, and the attorney general may file a response to the request for stay, which may be joined with a response to the petition. The Court may act on a request for stay prior to the filing of a response. A reply is not permitted without leave of the Court, which may be granted on a showing of good cause. A motion seeking leave to file a reply must be filed and served within seven (7) days after service of a response and must include the proposed reply. (2) The Court may issue a stay to the respondent without notice to the respondent or the real parties in interest only if (a) it clearly appears from the verified petition or by affidavit filed with the Court that immediate and irreparable injury, loss, or damage will result to the petitioner before the respondent or real parties in interest can be heard in opposition; (b) it clearly appears from the verified petition or by affidavit filed with the Court that no loss or damage will result to the respondent or any real parties in interest, or, if loss or damage will occur, what that loss or damage will be; and (c) the petitioner certifies in writing to the Court the efforts, if any, that have been made to give notice and the reasons supporting the petitioner’s claim that notice should not be required. (3) If a request for stay is granted under this rule, the respondent, the real parties in interest, and the attorney general may move to have the stay vacated, and the Court may act on the motion with or without notice as deemed appropriate. E. Service. Service of all papers filed under the rule shall be made under Rule 12- 307 NMRA on the petitioner, the respondent, any real parties in interest and, if the respondent is as described in Subparagraph (B)(1)(c) of this rule, the attorney general. F. Costs and fees. In disposing of a petition or request for stay, the Court may, in its discretion, assess costs and may, as permitted by law, award attorney fees. G. Length limitations. Except by permission of the Court, the petition shall comply with Rule 12-305 NMRA and the following length limitations: (1) Body of the petition defined. The body of the petition consists of headings, footnotes, quotations, a request for stay, and all other text except any cover page, table of contents, table of authorities, signature blocks, and certificate of service. (2) Page limitation. Unless the petition complies with Subparagraph (G)(3) of this rule, the body of the petition shall not exceed twenty (20) pages; or (3) Type-volume limitation. The body of the petition shall not exceed six thousand (6,000) words, if the party uses a proportionally-spaced type style or typeface, such as Times New Roman, or six hundred fifty-five (655) lines, if the party uses a monospaced type style or typeface, such as Courier. H. Statement of compliance. If the body of the petition exceeds the page limitations of Subparagraph (G)(2) of this rule, then the petition must contain a statement that it complies with the limitations of Subparagraph (G)(3) of this rule. If the petition 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 petition as defined in Subparagraph (G)(1) of this rule. If the petition 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 petition. If the word-count or line-count information is obtained from a word-processing program, the statement shall identify the program and version used.