N.M. Sup. Gen. R. 23-101

As amended through February 27, 2024
Rule 23-101 - Terms, sessions and hearings
A.Term of court. The Supreme Court shall hold one term each year, commencing on the second Wednesday in January, and shall be at all times in session at the seat of government; provided that the Court may, from time to time, take such recess as in its judgment may be proper. (N.M. Const., art. 6, §7 ) If any cause shall not be decided during the term at or during which it was argued or submitted, it shall stand and be deemed continued from term to term until disposed of.
B.Motions and petitions. Except as otherwise specifically ordered, a session may be held on each Wednesday for hearing motions and petitions. A motion or petition as to which the time for filing pleadings has expired may be set for hearing on a Wednesday or be deemed submitted on the pleadings.
C.Criminal cases and cases of general public interest. Criminal cases and cases involving matters of general public interest or policy may be advanced for oral argument or decision by leave of the court and upon the motion of either party.
D.Participation of justices. Whenever the panel of justices before whom a law question has been heard desire, other justices may be called in to take part in the decision, upon a perusal of the record and briefs, without a formal reargument, unless one of the parties makes objection.

N.M. Sup. Gen. R. 23-101

As amended, effective 1/1/1987;8/17/1999.

ANNOTATIONS The 1999 amendment, effective August 17, 1999, in Paragraph B, in the first sentence, substituted "may" for "will", "each Wednesday for hearing motions and petitions" for "the Wednesday after the first Monday of each month"; in the second sentence, substituted "A motion or petition as to which the time for filing pleadings has expired may be set for hearing on a Wednesday or be deemed submitted on the pleadings" for "All motions as to which the time for filing briefs has expired will be heard on such motion days or be deemed submitted on briefs"; in Paragraph D, inserted "panel of" preceding "justices", substituted "desires, other" for "shall be desire, other of the"; and deleted "at the argument" from the end of the paragraph.

For continuation of case from term to term, see 39-3-6 NMSA 1978 and Rule 12-402 NMRA. For oral argument, see Rule 12-214 NMRA. Am. Jur. 2d, A.L.R. and C.J.S. references. - 20 Am. Jur. 2d Courts §§4, 21 et seq. 21 C.J.S. Courts §§ 111 to 123.