N.M. R. App. P. 12-212

As amended through February 27, 2024

Rule 12-212 - Exhibits and depositions; general calendar cases

A.Depositions and documentary exhibits. A designation of depositions and exhibits that are documents, maps, charts, photographs, recordings, videotapes or the like, shall be filed by the appellant within fifteen (15) days after service of the general calendar assignment. If the appellant does not intend to designate any such depositions or exhibits for inclusion in the record on appeal, the appellant shall, within fifteen (15) days after service of the general calendar assignment, file in the appellate court and serve on the other parties to the appeal a notice that no depositions or exhibits will be designated. Within fifteen (15) days of service of appellant's designation or notice of non-designation, appellee may designate further depositions and documentary exhibits. The designations shall be filed with the district court clerk and served on the appellate court and the other parties to the appeal. The district court clerk shall send to the appellate court all the designated depositions and documentary exhibits with the transcript of proceedings.

B.Non-documentary exhibits. The appellate court may designate non-documentary exhibits upon the request of either party made on or before the time for filing designations of documentary exhibits. The request shall be filed in the appellate court and shall concisely set forth the reason why each exhibit is necessary for the appeal. The appellate court shall determine which exhibits shall be included and shall notify the parties and the district court clerk. At the time the transcript of proceedings is sent to the appellate court, the district court clerk shall also send all non-documentary exhibits designated by the appellate court.

C.Supplemental exhibits. The appellate court may, upon its own motion or upon motion of any party and for good cause shown, order or allow additional exhibits to be forwarded to the appellate court.

D.Return of exhibits. After final determination of the appeal, the appellate court clerk shall cause the exhibits to be returned to the district court.

N.M. R. App. P. 12-212

As amended, effective 7/1/1990;9/1/1990;1/1/1997; as amended by Supreme Court Order No. 12-8300-017, effective for all cases pending or filed on or after8/3/2012.

ANNOTATIONS The 2012 amendment, approved by Supreme Court Order No. 12-8300-017, effective August 3, 2012, required that a designation or non-designation of depositions and exhibits be filed within fifteen days after service of the general calendar assignment and in Paragraph A, in the first sentence, after "videotapes or the like, shall be", deleted "made" and added "filed"; after "fifteen (15) days", deleted "of the assignment of the case to the" and added "after service of the", and after "general calendar", added "assignment"; added the second sentence; in the third sentence, after "appellant's designation", added "or notice of non-designation"; and in the fourth sentence, after "district court clerk", added "and served on the appellate court and the other parties to the appeal". The 1997 amendment, effective January 1, 1997, substituted "fifteen (15) days" for "ten (10) days" in two places in Paragraph A. Burden is on appellant to provide necessary appellate record of transcript and exhibits. State v. Garcia, 1978-NMCA-109, 92 N.M. 730, 594 P.2d 1186, cert. denied, 92 N.M. 532, 591 P.2d 286 (1979). Court of appeals may send for exhibits. - The court of appeals has authority, on its own motion, to have exhibits sent to it for its review when those exhibits have been introduced, and relied on, before the trial court. State v. Garcia, 1978-NMCA-109, 92 N.M. 730, 594 P.2d 1186, cert. denied, 92 N.M. 532, 591 P.2d 286 (1979). Nondesignation of records as part of exhibits. - Because certain psychological records were not designated as part of the exhibits for an appeal from a murder conviction, they were not before the appellate court for review to determine if the trial court correctly denied access to them. State v. Sacoman, 1988-NMSC-077, 107 N.M. 588, 762 P.2d 250. Where exhibits not in record, appellate court will not consider suppression motion. - The court of appeals will not consider defendant's motion to suppress where the pertinent exhibits are not a part of the record on appeal, nor were they designated as a part of the record on appeal. State v. Duncan, 1980-NMCA-162, 95 N.M. 215, 619 P.2d 1259. Affidavits not brought to trial court's attention will not be considered when they are attached to the docketing statement. State v. Lucero, 1977-NMCA-021, 90 N.M. 342, 563 P.2d 605, cert. denied, 90 N.M. 636, 567 P.2d 485. Technical violation may be disregarded. - Although the defendant failed to designate the necessary exhibits for his appeal, the appellate court declined to dismiss the appeal for such a technical violation, when the state ensured the proper exhibits were before the court. State v. Manes, 1991-NMCA-025, 112 N.M. 161, 812 P.2d 1309, cert. denied, 112 N.M. 77, 811 P.2d 575, cert. denied, 502 U.S. 942, 112 S. Ct. 381, 116 L. Ed. 2d 332 (1991). Am. Jur. 2d, A.L.R. and C.J.S. references. - 5 Am. Jur. 2d Appellate Review § 484 et seq. 4 C.J.S. Appeal and Error § 440 et seq.