N.M. R. App. P. 12-305

As amended through August 23, 2024

Rule 12-305 - Form of papers prepared by parties

A.Scope. This rule applies to briefs, motions, applications, petitions, and all other papers, except exhibits, prepared by parties or their attorneys and filed in the appellate court.

B.General requirements. All papers filed by a represented party or an attorney shall be

(1) clearly legible;

(2) computer-generated or typewritten on good quality white paper, eight and one-half by eleven (8 1/2 x 11) inches in size, with left, right, top, and bottom margins of one (1) inch;

(3) paginated with consecutive page numbers at the bottom;

(4) stapled at the upper left-hand corner; and

(5) signed in accordance with Rule 12-302(A) NMRA, with the signature block containing the name, address, and telephone number of counsel filing the paper.

C.Handwritten papers. Self-represented, non-attorney litigants may file handwritten papers. The submission of handwritten papers is discouraged. Handwritten papers shall be

(1) clearly legible;

(2) written in black or blue ink on white paper, eight and one-half by eleven (8 1/2 x 11) inches in size, with no more than thirty (30) lines per page and fifteen (15) words per line, and left, right, top, and bottom margins of one (1) inch;

(3) paginated with consecutive page numbers at the bottom;

(4) signed in accordance with Rule 12-302(A) NMRA, with the signature block containing the name, address, and telephone number of the party filing the paper.

D.Minimum size for type style or typeface. Except for handwritten papers, all papers shall be computer-generated or typed using either a proportionally-spaced or monospaced type style or typeface.

(1) A proportionally-spaced type style or typeface, such as Times New Roman, must include serifs and must be fourteen (14) point or larger. The cover page of a brief, docketing statement, or statement of issues may be eleven (11) point or larger if necessary to fit all information required by Paragraphs F and G of this rule on a single page. A proportionally-spaced type style or typeface varies the horizontal spacing of each character based on its relative shape.

(2) A monospaced type style or typeface, such as Courier, may not contain more than ten (10) characters per inch. A monospaced type style or typeface allots the same amount of horizontal space for each character, whatever the relative shape of the characters.

E.Spacing. All papers shall be double-spaced, except that information required by Paragraph F of this rule, cover page, table of contents, table of authorities, headings, subheadings, footnotes, quotations, signature blocks, and addresses contained in a certificate of service may be single-spaced.

F.Caption. The front page of all papers shall show

(1) the name of the appellate court;

(2) the parties to the appeal and their status below and on appeal, with the plaintiff, petitioner, or party initiating the proceeding in the trial court or administrative body listed first (e.g., John Doe, Plaintiff-Appellee v. Richard Roe, Defendant-Appellant), or, for extraordinary writ proceedings filed under Rule 12-504 NMRA, the party or parties seeking the writ, the respondent(s), and the name(s) of the real parties in interest, if any, with the party seeking the writ listed first;

(3) the docket number in the appellate court if one has been assigned; and

(4) the title of the paper being filed.

G.Cover page. The front cover of a docketing statement, statement of the issues, or brief shall also show

(1) the county or administrative body in which the case was filed or tried, except for briefs filed in the Supreme Court under Rule 12-502 NMRA;

(2) the name of the trial judge or administrative officer, except for briefs filed in the Supreme Court under Rule 12-502 NMRA;

(3) the name, mailing address, and telephone number of counsel filing the document, or, if a party is not represented by counsel, the name, address, and telephone number of the party; and

(4) if the party requests oral argument under Rule 12-319(B)(1) NMRA, a statement on the front cover of the party's brief that oral argument is requested.

H.Captions in appeals under the Children's Code. In appeals concerning children involved in litigation under the provisions of the Children's Code, the captioning shall conform to the following practice:

(1) in criminal appeals involving a child adjudicated as a delinquent offender under Article 2 of the Children's Code, the caption should identify the child by the child's first name and the first initial of the child's last name, and the status of the child on appeal should be listed as "Child-Appellant" or "Child-Appellee," as the case may be;

(2) in criminal appeals involving a child adjudicated as a serious youthful offender or youthful offender and sentenced as an adult under Article 2 of the Children's Code, the caption should identify the child by the child's full first and last name, and the status of the child on appeal should be listed as "Defendant-Appellant" or "Defendant-Appellee," as the case may be;

(3) in civil appeals involving a child who is the subject of an abuse and neglect proceeding or a termination of parental rights proceeding under Article 4 of the Children's Code, the caption should identify the child and the child's parents by their first names and the first initial of their last names, and should name any guardian ad litem;

(4) in all other appeals involving a child under the provisions of the Children's Code, the caption should identify the child, and the child's parents when necessary, by their first names and the first initial of their last names, and should name any guardian ad litem.

N.M. R. App. P. 12-305

As amended, effective 7/1/1990;8/1/1992;9/1/1995;4/1/1998;6/15/2000; 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; as amended by Supreme Court Order No. 09-8300-014, effective 5/25/2009; as amended by Supreme Court Order No. 10-8300-001, effective 4/12/2010; as amended by Supreme Court Order No. 16-8300-011, effective for all cases pending or filed on or after12/31/2016.

Committee commentary. - In an effort to provide additional options for producing more readable documents, the 2007 amendments to this rule move the formatting requirements for transcripts and records proper to new Rule 12-305.1 NMRA and otherwise restate the formatting requirements for all other papers filed with the appellate courts. Of particular note are the new minimum type style or typeface requirements set forth in Paragraph D of this rule. For example, except for handwritten papers, all papers filed with the Court must now use a proportionally-spaced or monospaced type style or typeface.

A proportionally-spaced type style or typeface allots a different amount of space to each letter based on the particular size and shape of that letter. Proportional fonts use less space and, therefore, less paper to print. A commonly used proportionally-spaced type style is Times New Roman. A monospaced type style or typeface look like typewritten text because each letter uses the same amount of space on the page regardless of its size or shape. A commonly used monospaced type style is Courier.

If a proportionally-spaced type style or typeface is used, it must include serifs and it must be fourteen (14) point or larger. If a monospaced type style or typeface is used, it may not contain more than ten (10) characters per inch. If the practitioner is not sure whether a particular type style or typeface is proportionally-spaced or monospaced, the rule provides guidance by stating that Times New Roman is a proportionally-spaced type style and Courier is a monospaced type style. The selection of a particular proportionally-spaced or monospaced type style is a matter of personal preference, but the choice must comply with the requirements of Paragraph D of this rule. Moreover, the choice will determine the applicable minimum type-volume limitations set forth in these rules if the practitioner chooses to exceed the traditional page limitations set forth in these rules. See Rule 12-318(F)(3) NMRA and Rule 12-502(D)(3) NMRA.

[Adopted by Supreme Court Order No. 07-8300-024, effective November 1, 2007; as amended by Supreme Court Order No. 10-8300-001, effective April 12, 2010; as amended by Supreme Court Order No. 16-8300-011, effective for all cases pending or filed on or after December 31, 2016.]

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ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-011, effective December 31, 2016, authorized and provided the procedure for the filing of handwritten papers prepared by self-represented, non-attorney litigants, provided the proper caption for extraordinary writs filed under Rule 12-504 NMRA, made stylistic and technical changes, and revised the committee commentary; in Paragraph (A), after "parties or their", deleted "counsel" and added "attorneys"; in Paragraph (B), in the introductory sentence, after "All papers", added "filed by a represented party or an attorney"; in Subparagraph (B)(2), after the number designation, added "computer-generated or", and after "typewritten", deleted "or printed; in Subparagraph (B)(5), after "accordance with", deleted "Paragraph A of", after "Rule 12-302", added "(A) NMRA", and after "filing the paper", deleted the remainder of the sentence; added new Paragraph (C) and redesignated the succeeding paragraphs accordingly; in Paragraph (D), after "handwritten", deleted "documents" and added "papers", after "shall be", added "computer-generated or", and after "typed", deleted "or printed"; in Subparagraph (D)(1), after "Paragraphs", deleted "E and", and after "F", added "and G"; in Paragraph (E), after "Paragraph", deleted "E" and added "F"; in Subparagraph (F)(2), after "Defendant-Appellant", added the remainder of the subparagraph; in Subparagraph (G)(1), after "Supreme Court", deleted pursuant to" and added "under"; in Subparagraph (G)(2), after "Supreme Court", deleted "pursuant to" and added "under"; in Subparagraph (G)(4), after "oral argument", deleted "pursuant to Subparagraph (1) of Paragraph B of Rule 12-214" and added "under Rule 12-319(B)(1)"; and in the committee commentary, in the third paragraph, after "See", deleted "Paragraph F(3) of Rule 12-213" and added "Rule 12-318(F)(3)", after "NMRA and", deleted "Paragraph D(3) of", and after "Rule 12-502", added "(D)(3)". The 2010 amendment, approved by Supreme Court Order No. 10-8300-001, effective April 12, 2010, in Paragraph F, added Subparagraph (4). The 2009 amendment, approved by Supreme Court Order No. 09-8300-014, effective May 25, 2009, in Paragraph C (1), added "The cover page of a brief, docketing statement, or statement of issues may be eleven (11) point or larger if necessary to fit all information required by Paragraphs E and F of this rule on a single page". The 2005 amendment, approved by Supreme Court Order No. 05-8300-018, effective October 11, 2005, added Paragraph D relating to captions in proceedings under the provisions of the Children's Code. The 2000 amendment, effective June 15, 2000, in Paragraph B, changed the widths of the left, right, top and bottom margins to one inch. The 1998 amendment, effective for pleadings due on and after April 1, 1998, inserted "statement of the issues" following "docketing statement" in Paragraph C and Subparagraph C(6). The 1995 amendment, effective September 1, 1995, in Paragraph C, inserted "docketing statement" in the introductory language, added the language beginning "and their status" at the end of Subparagraph (2), deleted former Subparagraph (3) relating to status of the parties and redesignated the remaining subparagraphs accordingly, and substituted "the docketing statement or brief" for "the brief if submitting a brief" in Subparagraph (6). The 1992 amendment, effective for cases filed in the supreme court and court of appeals on or after August 1, 1992, added "and, except for a cover page, shall be typed or printed using pica (10 pitch) type style or a twelve (12) point typeface" to the end of the first sentence in Paragraph B.

For the form of captions in the Children's Court, see Rule 10-107 NMRA. For the captions in pleadings in adoption proceedings, see Sections 32A-5-7 and 32A-5-9 NMSA 1978. Appellate rules do not address footnotes. Murken v. Solv-Ex Corp., 2005-NMCA-137, 138 N.M. 653, 124 P.3d 1192. Footnotes. - A brief violates the rules where the footnotes do not consist of permissible type size and are not double spaced, and because if the footnotes were placed in the text of the brief, it would undoubtedly exceed 35 pages. Murken v. Solv-Ex Corp., 2005-NMCA-137, 138 N.M. 653, 124 P.3d 1192. Am. Jur. 2d, A.L.R. and C.J.S. references. - 4 C.J.S. Appeal and Error §§ 506 et seq., 606.