N.M. R. App. P. 12-308

As amended through May 8, 2024
Rule 12-308 - Time
A.Computing time. This rule applies in computing any time period specified in these rules, in any local rule or court order, or in any statute, unless another Supreme Court rule of procedure contains time computation provisions that expressly supersede this rule.
(1)Period stated in days or a longer unit; eleven (11) days or more. When the period is stated as eleven (11) days or a longer unit of time,
(a) exclude the day of the event that triggers the period;
(b) count every day, including intermediate Saturdays, Sundays, and legal holidays; and
(c) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
(2)Period stated in days or a longer unit; ten (10) days or less. When the period is stated in days but the number of days is ten (10) days or less,
(a) exclude the day of the event that triggers the period;
(b) exclude intermediate Saturdays, Sundays, and legal holidays; and
(c) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
(3)Period stated in hours. When the period is stated in hours,
(a) begin counting immediately on the occurrence of the event that triggers the period;
(b) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and
(c) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday.
(4)Unavailability of the court for filing. If any location of the appellate court is closed or is unavailable for filing at any time that such location the court is regularly open,
(a) on the last day for filing under Subparagraphs (A)(1) or (A)(2) of this rule, then the time for filing is extended to the first day that such location of the court is open and available for filing that is not a Saturday, Sunday, or legal holiday; or
(b) during the last hour for filing under Subparagraph (A)(3) of this rule, then the time for filing is extended to the same time on the first day that such location of the court is open and available for filing that is not a Saturday, Sunday, or legal holiday.
(5)"Last day" defined. Unless a different time is set by a court order, the last day ends
(a) for electronic filing, at midnight; and
(b) for filing by other means, when the court is scheduled to close.
(6)"Next day" defined. The "next day" is determined by continuing to count forward when the period is measured after an event and backward when measured before an event.
(7)"Legal holiday" defined. "Legal holiday" means the day that the following are observed by the judiciary:
(a) New Year's Day, Martin Luther King Jr.'s Birthday, Presidents' Day (traditionally observed on the day after Thanksgiving), Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, or Christmas Day; and
(b) any other day observed as a holiday by the judiciary.
B.Additional time after certain kinds of service. When a party may or must act within a specified time after service and service is made by mail, facsimile, electronic transmission, or by deposit at a location designated for an attorney at a court facility under Rule 12-307(D)(1)(e) NMRA, three (3) days are added after the period would otherwise expire under Paragraph A. Intermediate Saturdays, Sundays, and legal holidays are included in counting these added three (3) days. If the third day is a Saturday, Sunday, or legal holiday, the last day to act is the next day that is not a Saturday, Sunday, or legal holiday.
C.Public posting of regular court hours. The court shall publicly post the hours that it is regularly open.

N.M. R. App. P. 12-308

As amended, effective 9/1/1991;9/1/1993;1/1/1997; as amended by Supreme Court No. 09-8300-020, effective 9/4/2009; as amended by Supreme Court Order No. 14-8300-016, effective for all cases pending or filed on or after12/31/2014.

Committee commentary. - In 2014, the Joint Committee on Rules of Procedure amended the time computation rules, including Rules 1-006, 2-104, 3-104, 5, 104, 6-104, 7-104, 8-104, 10-107, and 12-308 NMRA, and restyled the rules to more closely resemble the federal rules of procedure. See Fed. R. Civ. Pro. 6; Fed. R. Crim. Pro. 45.

Subparagraph (A)(4) of this rule contemplates that the court may be closed or unavailable for filing due to weather, technological problems, or other circumstances. When an appellate court permits the filing of a paper at alternate locations, and one of those locations is closed and therefore unavailable for filing under Subparagraph (A)(4) of this rule, the filing deadline is extended as if all locations are closed. A person relying on Subparagraph (A)(4) to extend the time for filing a paper should be prepared to demonstrate or affirm that any location of the court was closed or unavailable for filing at the time that the paper was due to be filed under Subparagraph (A)(1), (A)(2), or (A)(3).

[Adopted by Supreme Court Order No. 14-8300-016, effective for all cases pending or filed on or after December 31, 2014.]

.

ANNOTATIONS The 2014 amendment, approved by Supreme Court Order No. 14-8300-016, effective December 31, 2014, completely rewrote the rule; deleted the former title "Computation of time" and added the current title; deleted former Paragraph A which provided rules for computation of time by excluding the day of the event from which the period of time began to run, including the last day of the period of time, excluding Saturdays, Sundays, legal holidays and days of severe inclement weather, and defined legal holidays; deleted former Paragraph B which provided for a three day enlargement of the period of time when a party was served by mail; and added current Paragraphs A through C. The 2009 amendment, approved by Supreme Court Order No. 09-8300-020, effective September 4, 2009, added the last sentence of Paragraph B. The 1997 amendment, effective January 1, 1997, in Paragraph A, inserted "or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk inaccessible" and substituted "one of the aforementioned days" for "a Saturday, Sunday or a legal holiday" in the second sentence, and substituted the last two sentences for "For purposes of this rule a legal holiday means any day designated as a legal or public holiday in New Mexico pursuant to Section 12-5-2 NMSA 1978, as it may be amended or recompiled, or any day during which the office of the clerk of the appropriate court is closed for any consecutive period of three (3) hours or more between 8:00 a.m. and 5:00 p.m.". The 1993 amendment, effective September 1, 1993, substituted "upon the party" for "upon him" in Paragraph B. The 1991 amendment, effective for cases filed in the supreme court and court of appeals on and after September 1, 1991, in the last sentence in Paragraph A, substituted "legal holiday means any day designated as a legal public holiday in New Mexico pursuant to Section 12-5-2 NMSA 1978, as it may be amended or recompiled, or any day" for "legal holiday shall include any day".

For computation of time under constitutional and statutory provisions, see Section 12-2A-7 NMSA 1978. For legal holidays, see Section 12-5-1 NMSA 1978 et seq. For designation of legal holidays, see Section 12-5-2 NMSA 1978. For federal rule, see Fed. R. App. P. Rule 26. Appeal from suppression order. - Paragraph A of this rule governs the computation of the ten-day period under Section 39-3-3B(2) NMSA 1978. State v. Fernandez, 1999-NMCA-128, 128 N.M. 111, 990 P.2d 224. Legal holidays. - Although under Section 12-5-2 NMSA 1978, Good Friday is not listed as a designated legal holiday, former Rule 23(a), N.M.R. App. P. (Civ.) (see now Paragraph A of this rule) defined as a "legal holiday" for the purpose of the rules set forth for appellate civil procedure. Public Serv. Co. v. Catron, 1982-NMSC-050, 98 N.M. 134, 646 P.2d 561. Time for motion for rehearing runs from the date of the filing of the appellate court's disposition, not its service on the parties. Mora v. Williams, 111 Fed. Appx. 537 (10th Cir. 2004). Notice of cross-appeal timely. - Notice of cross-appeal filed on Monday following expiration on Saturday of period after service of notice of appeal was timely. Sierra Life Ins. Co. v. First Nat'l Life Ins. Co., 1973 -NMSC-079, 85 N.M. 409, 512 P.2d 1245. Where plaintiff served his notice of appeal by mail on Friday, February 6, defendants' ten days in which to file their notice of cross-appeal did not end until Friday, February 20 and, because they had been served by mail, they still had an additional three days in which to file their notice of cross-appeal. A.D. Powers v. Miller, 1999-NMCA-080, 127 N.M. 496, 984 P.2d 177. Am. Jur. 2d, A.L.R. and C.J.S. references. - 5 Am. Jur. 2d Appellate Review § 513. Inclusion or exclusion of first and last day for purposes of statute of limitations, 20 A.L.R.2d 1249. Exclusion or inclusion of terminal Sunday or holiday in computing time for taking or perfecting appellate review, 61 A.L.R.2d 482. Inclusion or exclusion of first and last days in computing the time for performance of an act or event which must take place a certain number of days before a known future date, 98 A.L.R.2d 1331. 4 C.J.S. Appeal and Error § 1 et seq.