A.Signatures. The original of each brief, motion, or other paper filed shall bear the signature of at least one of the counsel filing it, or if a party is proceeding pro se, the signature of the party. A "signature" means an original signature, a copy of an original signature, a computer generated signature, or any other signature otherwise authorized by law.B.Appearance. An attorney or firm shown as participating in the filing of any brief, motion, or other paper shall, unless otherwise indicated, be deemed to have appeared in the cause. If an attorney's appearance is limited under Rule 16-102(C) NMRA, the limitation shall be specified on the cover page and in the signature block of each paper filed by the attorney under the limited appearance, and the cover page and signature block of the paper shall include an address where service may be made on the client.C.Motion to withdraw. (1) No attorney or firm that has appeared without limitation in a cause may withdraw from it without filing a motion to withdraw and obtaining an order from the appellate court. The appellate court may condition withdrawal upon substitution of other counsel, the filing by the attorney's client of an address at which service may be made on the client, or other requirements as ordered by the appellate court. Proof of service by the withdrawing attorney shall be made on all other parties. Attorneys whose appearances are limited as set forth in Paragraph B of this rule need not obtain consent of the appellate court before withdrawing or otherwise ceasing to act in the matter, except if the purpose of the limited representation is not completed. An attorney from a firm or agency may file a withdrawal of appearance from a particular case by notice if at least one attorney of the firm or agency remains in the case.(2) Where the Court of Appeals appoints an attorney in a proceeding arising from a petition alleging abuse or neglect, from a motion to terminate parental rights, or from a custody hearing, the attorney may file a motion to withdraw with the Court of Appeals within (15) fifteen days after the Court of Appeals issues a decision fully disposing of the issues on appeal. If an attorney files a motion to withdraw with the Court of Appeals as provided herein, then the attorney must notify the client of the filing of the motion to withdraw and inform the client when a petition for a writ of certiorari may be filed with the Supreme Court under Rule 12-502(B) NMRA. An order disposing of the motion to withdraw is the final action by the Court of Appeals for purposes of Rule 12-502(B) NMRA.D.Notice of change of address or telephone number. Counsel for a party, or any party proceeding pro se, shall promptly give notice of any change of mailing address or telephone number by filing a notice with the clerk of the court in each pending cause in which counsel or the party is appearing and by serving the notice upon all other counsel and pro se parties.E.Nonadmitted counsel in civil cases.(1) Counsel not admitted to practice law in New Mexico, but who are admitted to practice law and in good standing in another jurisdiction, may, upon compliance with Rule 24-106 NMRA, sign briefs, motions, and other papers, and may orally argue before the appellate court, only in association with counsel admitted to practice law and in good standing in New Mexico. New Mexico counsel shall sign the first paper filed in the appellate court, and New Mexico counsel's name and address shall appear on all subsequent papers filed. Unless excused by the appellate court, New Mexico counsel shall also be present in person in all proceedings.(2) Nonadmitted counsel shall state by affidavit that they are admitted to practice law and are in good standing to practice law in another jurisdiction and that they have complied with Rule 24-106 NMRA. Such affidavit shall be filed with the first paper filed in the appellate court, or as soon as practicable after a party decides on representation by nonadmitted counsel. If nonadmitted counsel has already filed an affidavit in compliance with Rule 24-106 NMRA in a lower court, then a copy of that affidavit shall be filed in the appellate court. Upon filing of the affidavit, nonadmitted counsel will be deemed admitted subject to the other terms and conditions of this paragraph. Proof of service of the affidavit shall be made as provided in Rule 12-307 NMRA. A separate motion and order are not required for the participation of nonadmitted counsel.(3) For good cause shown, the appellate court may revoke the privilege of any nonadmitted counsel to appear in any proceeding.(4) New Mexico residents not admitted to practice law in this state may not appear as counsel, except pro se.F.Nonadmitted counsel in criminal cases.(1) Counsel not admitted to practice law in New Mexico but who are admitted to practice law and in good standing in another jurisdiction may, upon compliance with Rule 5-108 NMRA, sign briefs, motions, and other papers, and may orally argue before the appellate court, only in association with counsel admitted to practice law and in good standing in New Mexico. New Mexico counsel shall sign the first paper filed in the appellate court, and New Mexico counsel's name and address shall appear on all subsequent papers filed. Unless excused by the appellate court, New Mexico counsel shall also be present in person in all proceedings. (2) Nonadmitted counsel shall state by affidavit that they are admitted to practice law and are in good standing to practice law in another jurisdiction and that they have complied with Rule 5-108 NMRA. Such affidavit shall be filed with the first paper filed in the appellate court, or as soon as practicable after a party decides on representation by nonadmitted counsel. If nonadmitted counsel has already filed an affidavit in compliance with Rule 5-108 NMRA in a lower court, then a copy of that affidavit shall be filed in the appellate court. Upon filing of the affidavit, nonadmitted counsel will be deemed admitted subject to the other terms and conditions of this paragraph. Proof of service of the affidavit shall be made as provided in Rule 12-307 NMRA. A separate motion and order are not required for the participation of nonadmitted counsel, unless nonadmitted counsel has not previously complied with Rule 5-108 NMRA.(3) For good cause shown, the appellate court may revoke the privilege of any nonadmitted counsel to appear in any proceeding.(4) New Mexico residents not admitted to practice law in this state may not appear as counsel, except pro se.G.Capital appellate counsel. The defendant in any appeal in a case in which a sentence of death may be imposed must be represented by at least two (2) attorneys, one (1) of whom meets the minimum standards set forth in this paragraph for first-chair capital appellate defense attorneys and another who meets the minimum standards set forth in this paragraph for first-chair or second-chair capital appellate defense attorneys. (1) The minimum standards for first-chair capital appellate defense attorneys include the following: (a) membership in good standing of any state bar;(b) a minimum of five (5) years active trial or appellate experience in criminal cases as a licensed attorney immediately preceding appointment;(c) prior experience in the last three (3) years as lead counsel or co-counsel in the appeal of at least six (6) felony jury convictions in federal or state court, at least two (2) of which were murder convictions; and(d) completion within two (2) years prior to entry of appearance of at least twelve (12) hours of training in capital representation in a program approved by the Law Offices of the Public Defender and qualified for New Mexico MCLE credit.(2) The minimum standards for second-chair capital appellate defense attorneys include the following: (a) membership in good standing of any state bar;(b) a minimum of three (3) years active trial or appellate experience in criminal cases as a licensed attorney immediately preceding appointment;(c) prior experience in the last eighteen (18) months as lead counsel in the appeal of at least four (4) felony convictions in state or federal court; and(d) completion within two (2) years prior to entry of appearance of at least twelve (12) hours of training in capital representation in a program approved by the Law Offices of the Public Defender and qualified for New Mexico MCLE credit. This requirement may be met within one (1) year after appointment as second-chair counsel in a death penalty appeal. The district court shall require any attorney who enters an appearance to show that the attorney is a qualified capital appellate defense attorney in accordance with the requirements of this paragraph. If the district court determines that the defendant is not represented by two (2) qualified capital appellate defense attorneys, at least one (1) of whom is qualified to act as first chair, the district court, in the case of indigent defendants, shall order the Law Offices of the Public Defender to appoint one (1) or more qualified attorneys to ensure that the defendant is represented as required by this paragraph.
As amended, effective 9/1/1993;1/1/1997;5/1/2003;1/20/2005; as amended by Supreme Court Order No. 05-8300-018, effective 10/11/2005; by Supreme Court Order No. 07-8300-024, effective 11/1/2007; by Supreme Court Order No. 08-8300-016, effective 6/20/2008; by Supreme Court Order No. 09-8300-010, effective 5/6/2009; by Supreme Court Order No. 11-8300-017, effective 5/16/2011; by Supreme Court Order No. 12-8300-025, effective for all cases filed or pending on or after1/7/2013; as amended by Supreme Court Order No. 16-8300-011, effective for all cases pending or filed on or after12/31/2016; as amended by Supreme Court Order No. S-1-RCR-2024-00110, effective for all cases pending or filed on or after 12/31/2024.Committee commentary. - New Mexico has enacted an Electronic Authentication Documentation Act which provides for the Secretary of State to register electronic signatures using the public key technology. See NMSA 1978, § 14-15-4.
In 2016, Paragraph C of this rule was amended, and former Paragraph D was omitted, to more accurately reflect the procedure for attorney withdrawal or substitution in cases before the appellate courts. The 2016 revisions reflect that an individual attorney, law firm, or governmental agency may withdraw from a case only upon motion and order from the appellate court, except that an attorney of a law firm or governmental agency may withdraw from a case by filing a notice with the appellate court if at least one other attorney from the firm or agency remains in the case. When a successor attorney from a law firm or governmental agency enters an appearance in a case, the original attorney retains discretion either to stay in the case or to file a notice of withdrawal.
The 2024 amendments to Rule 12-302 NMRA allow motions to withdraw by appellate counsel whom the Court of Appeals appoints in proceedings involving appeals from adjudications of abuse or neglect or the termination of parental rights. After the Court of Appeals issues a decision fully disposing of the issues on appeal, court-appointed counsel may file a motion to withdraw and, after filing, must inform their client both of the motion to withdraw and by when a petition for a writ of certiorari may be filed with the Supreme Court. Under the 2024 amendments to Rule 12-302 NMRA, the filing of a motion to withdraw extends the time by which a party may file a petition for a writ of certiorari. The final action of the Court of Appeals for purposes of seeking certiorari review under Rule 12-502(B) NMRA is the order disposing of the motion to withdraw. Accordingly, the withdrawal of court-appointed counsel in appellate proceedings involving adjudications of abuse or neglect or the termination of parental rights does not decrease the time ordinarily allowed to a party seeking certiorari review of a judgment by the Court of Appeals.
[As amended by Supreme Court Order No. 16-8300-011, effective for all cases pending or filed on or after December 31, 2016; as amended by Supreme Court Order No. S-1-RCR-2024-00110, effective for all cases pending or filed on or after December 31, 2024.]
ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-011, effective December 31, 2016, provided new requirements for attorneys seeking to withdraw from a case, made stylistic and technical changes, and revised the committee commentary; in Paragraph (B), after "appearance is limited", deleted "pursuant to Paragraph C of" and added "under", after "Rule 16-102", added "(C)", after "filed by the attorney", deleted "pursuant to" and added "under", and after "include an address", deleted "at which" and added "where"; in Paragraph (C), in the heading, deleted "Withdrawal" and added "Motion to withdraw", after "without", deleted "written consent" and added "filing a motion to withdraw and obtaining an order from", after "the appellate court", deleted "filed with the appellate court clerk", deleted "Such consent may be conditioned" and added "The appellate court may condition withdrawal", after "substitution of other counsel", deleted "or", after "or", deleted "otherwise conditioned by" and add ed "other requirements as ordered by", and added the last sentence of the paragraph; deleted former Paragraph (D) and redesignated the succeeding paragraphs accordingly; in Subparagraph (E)(2), after "conditions of this", deleted "subsection" and added "paragraph"; in Subparagraph (E)(3), after "privilege", deleted "granted herein"; in Subparagraph (F)(2), after "conditions of this", deleted "subsection" and added "paragraph"; in Subparagraph (F)(3), after "privilege", deleted "granted herein"; in Paragraph (G), in the introductory sentence, after "one", added "(1)"; in Subparagraph (G)(1), after "defense attorneys", deleted "are" and added "include the following"; in Subparagraph (G)(1)(c), after "two", added "(2)"; in Subparagraph (G)(1)(d), after "approved by the", deleted "New Mexico Department" and added "Law Offices"; in Subparagraph (G)(2), in the introductory sentence, after "defense attorneys", deleted "are" and added "include the following"; in Subparagraph (G)(2)(d), after "approved by the", deleted "New Mexico Department" and added "Law Offices"; in the last undesignated paragraph, after each occurrence of "one", added "(1)", and after "shall order the", deleted "New Mexico Department" and added "Law Offices"; and in the committee commentary, added the second paragraph. The 2012 amendment, approved by Supreme Court Order No. 12-8300-025, effective January 7, 2013, required counsel to give notice of any change in address or telephone number by filing a notice with the clerk of the court and by serving the notice on other counsel or pro se parties; in the title of the rule, after "attorneys", added "changes of address or telephone number"; in Paragraph E, in the title of the paragraph, after "Notice", added "of withdrawal or substitution"; and added Paragraph E. The 2011 amendment, approved by Supreme Court Order No. 11-8300-017, effective May 16, 2011, in Paragraphs E and F, required nonadmitted counsel in civil and criminal cases who has filed an affidavit in a lower court to file a copy of the affidavit in the appellate court. The 2009 amendment, approved by Supreme Court Order No. 09-8300-010, effective May 6, 2009, added Paragraph G. The 2008 amendment, approved by Supreme Court Order No. 08-8300-016, effective June 20, 2008, added the last sentence in Subsection C, which permits an attorney who has entered a limited appearance to withdraw without the consent of the appellate court if the purpose of the limited appearance has been completed and limited the application of the remainder of the provisions of Subsection C to the withdrawal of attorneys who have appeared without limitation. The 2007 amendment, approved by Supreme Court Order No. 07-8300-024, effective November 1, 2007, add a new Paragraph F relating to nonadmitted counsel in criminal cases. The 2005 amendment, approved by Supreme Court Order No. 05-8300-018, effective October 11, 2005, amended Paragraph B to change "counsel or firms" to "an attorney or firm" and to add the second sentence relating to limited appearances and amended Subparagraphs (1) and (2) to add the reference to Rule 21-106 NMRA. The 2004 amendment, effective January 20, 2005, substituted "an attorney or firm" for "counsel or firms" in the first sentence and added the second sentence of Paragraph B, and, in Paragraph E, inserted "upon compliance with Rule 24-106 NMRA" in the first sentence of Subparagraph (1) and substituted "country and that they have complied with Rule 24-106 NMRA" for "territory" in the first sentence of Subparagraph (2). The 2003 amendment, effective May 1, 2003, in Paragraph E, substituted Subparagraphs (1), (2) and (3) for the former first sentence concerning nonresident counsel and redesignated the former second sentence as Subparagraph (4). The 1997 amendment, effective January 1, 1997, added the last sentence in Paragraph A defining "signature". The 1993 amendment, effective September 1, 1993, substituted "which" for "who" in the first sentence and "the client" for "him" in the second sentence in Paragraph C; and substituted "the nonresident counsel" for "him or them" in Paragraph E.
For method for changing attorney, see Section 36-2-14 NMSA 1978. For death or removal of attorney, see Section 36-2-15 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. - 4 Am. Jur. 2d Appellate Review § 173 et seq. 4 C.J.S. Appeal and Error §§ 283 et seq., 393, 394.