N.M. Sup. Gen. R. 23 app To Rule 23-112 NMRA
Please note that the New Mexico appellate courts will use the most recent edition of The Bluebook: A Uniform System of Citation.
I. New Mexico Constitution. [Bluebook Rule 11]
A. Textual sentence:
Accordingly, there was no violation of Article VI, Section 7 of the New Mexico Constitution.
B. Citation sentence:
N.M. Const. art. VI, § 7.
II. New Mexico Cases. [See generally Bluebook Rule 10]
A. Official citation. The Clerk of the Supreme Court assigns a standard official citation (also known in other states as vendor-neutral or public domain citation) to each precedential opinion. Every paragraph is numbered to facilitate precise pinpoint citations. In 2013 the Supreme Court retroactively assigned standard official citations and paragraph numbers to all New Mexico cases from Volume 1 of the New Mexico Reports forward to allow uniform citation of all New Mexico opinions regardless of date of publication .
New Mexico's citation form is case name, official citation, paragraph number for pinpoint, and a parallel citation of New Mexico Reports through Volume 150, the final volume of the series. Parallel citation of the Pacific Reporter is discretionary. Citation of the unofficial hardbound volumes of the New Mexico Appellate Reports shall not be used under any circumstances. Pinpoint citations shall reference the appropriate paragraph number(s), rather than page number(s).
(1) First occurrence:
Bianco v. Horror One Prods., 2009-NMSC-006, ¶ 10, 145 N.M. 551.
or
State v. Dickert, 2012-NMCA-004, ¶ 28. [published after Volume 150 of the New Mexico Reports] or
For example, in Bianco v. Horror One Productions, we held that a statute, which provides that a district court retains control over a final judgment for thirty days and for such further time as may be necessary to enable the court to dispose of post-judgment motions, applies to workers' compensation cases. 2009-NMSC-006, ¶ 10, 145 N.M. 551.
or
For example, in Bianco v. Horror One Productions, 2009-NMSC-006, ¶ 10, 145 N.M. 551, we held that a statute, which provides that a district court retains control over a final judgment for thirty days and for such further time as may be necessary to enable the court to dispose of post-judgment motions, applies to workers' compensation cases.
(2) With parallel citation of the Pacific Reporter:
Bianco v. Horror One Prods., 2009-NMSC-006, ¶ 10, 145 N.M. 551, 202 P.3d 810.
or
State v. Dickert, 2012-NMCA-004, ¶ 28, 268 P.3d 515. [published after Volume 150 of the New Mexico Reports ]
(3) Subsequent occurrences:
Bianco, 2009-NMSC-006, ¶ 10.
or
Dickert, 2012-NMCA-004, ¶ 28.
or
Id. ¶ 28.
NOT Id. at ¶ 28.
(4) With footnote pinpoint:
Bianco v. Horror One Prods., 2009-NMSC-006, ¶ 5 n.1, 145 N.M. 551.
or
Bianco, 2009-NMSC-006, ¶ 5 n.1.
or
Id . ¶ 5 n.1.
B. Self-represented litigants. A self-represented litigant may cite New Mexico cases using either the official citation, a citation of the New Mexico Reports, or a citation of the Pacific Reporter. Use of any parallel citations is discretionary. Use page numbers for pinpoint citations only if paragraph numbers are not available.
(1) First occurrence:
(a) Official citation only:
State v. Jones, 1995-NMCA-073, ¶ 18.
(b) New Mexico Reports only:
State v. Jones, 120 N.M. 185, 190 (Ct. App. 1995).
(c) Pacific Reporter only:
State v. Jones, 899 P.2d 1139, 1144 (N.M. Ct. App. 1995).
(d) New Mexico Reports and Pacific Reporter only:
State v. Jones, 120 N.M. 185, 190, 899 P.2d 1139, 1144 (Ct. App. 1995).
(2) Subsequent occurrences:
(a) Official citation only:
Jones, 1995-NMCA-073, ¶ 18.
or
Id. ¶ 18.
(b) New Mexico Reports only:
Jones, 120 N.M. at 190. or
Id. at 190.
(c) Pacific Reporter only:
Jones, 899 P.2d at 1144. or
Id. at 1144.
(d) New Mexico Reportsand Pacific Reporter only:
Jones, 120 N.M. at 190, 899 P.2d at 1144. or
Id. at 190, 899 P.2d at 1144.
C. Precedential opinion that has not yet been assigned a citation. To cite a precedential opinion that has not yet received any or all of its official or Pacific Reporter citations, use one of the following forms.
(1) First occurrence:
Morris v. Giant Four Corners, Inc., ___-NMSC-___, ¶ 24, ___ P.3d ___ (S-1-SC-37997, July 19, 2021).
(2) Subsequent occurrences:
Morris, ___-NMSC-___, ¶ 24. or
Id. ¶ 24.
D. Nonprecedential (unpublished) appellate opinions.
To cite a Supreme Court decision or a Court of Appeals memorandum opinion, use the following forms and indicate in a parenthetical that the disposition is nonprecedential, in accordance with Rule 12-405(D) NMRA.
(1) First occurrence:
State v. Vigil, S-1-SC-37763, dec. ¶ 6 (N.M. Feb. 8, 2021) (nonprecedential).
or
State v. Jackson, A-1-CA-38455, mem. op. ¶¶ 3-4 (N.M. Ct. App. Mar. 15, 2021) (nonprecedential).
(2) Subsequent occurrences:
Vigil, S-1-SC-37763, dec. ¶ 6.
or
Jackson, A-1-CA-38455, mem. op. ¶¶ 3-4.
E. Subsequent history [See generally Bluebook Rule 10.7]
(1) Certiorari granted in the opinion under consideration. To cite a Court of Appeals opinion that is currently under review by the Supreme Court on certiorari, use only the New Mexico official case citation. Append subsequent history explaining that certiorari has been granted and parenthetically citing the Supreme Court case number and date of the order granting certiorari. When available, the New Mexico official citation of the appropriate certiorari table may be included, and the date of the order may be omitted from the parenthetical.
State v. Hildreth, 2019-NMCA-047, ¶ 19, cert. granted (S-1-SC-37558, Sept. 9, 2019).
or
State v. Hildreth, 2019-NMCA-047, ¶ 19, cert. granted, 2019-NMCERT-009 (S-1-SC-37558).
(2) Cert. denied or cert. quashed. When a case in which the Supreme Court denied or quashed certiorari is more than two years old, omit "cert. denied" or "cert. quashed" from its subsequent history unless the denial or quash is particularly relevant.
State v. Ochoa, 2009-NMCA-002, ¶ 8, 146 N.M. 32, 206 P.3d 143, cert. quashed (S-1-SC-31430, Nov. 19, 2009).
III. New Mexico Statutes. [See generally Bluebook Rule 12]
Cite New Mexico statutes using the chapter, article, and section of the official 1978 compilation of the New Mexico Statutes Annotated (NMSA 1978). Following the first occurrence, include in parentheses the year of the statute's enactment or the most recent amendment applicable to the pending case, as shown in the history note in the NMSA 1978. Spell out and capitalize the word "Section" whenever a reference to a statute is in a textual sentence and whenever "Section" is the first word in a citation sentence. In all other occurrences, use the section symbol, "§."
A. First occurrence:
(1) Textual sentence:
The Legislature enacted NMSA 1978, Section 39-3-1.1(C) (1999)[] to create a comprehensive scheme for appealing final decisions of certain administrative agencies.
(2) Citation sentence:
The Legislature created a comprehensive scheme for appealing the final decisions of certain administrative agencies. See NMSA 1978, § 39-3-1.1(C) (1999).
(3) Textual sentence with a citation clause:
Plaintiff asserts that jurisdiction is limited only by the venue statute, NMSA 1978, § 38-3-1(G) (1988), which states that . . .
(4) Multiple subsections in a citation sentence or citation clause:
NMSA 1978, § 66-8-102(B), (D) (2016).
or
NMSA 1978, § 66-8-102(A) -(C) (2016).
(5) Entire act or range of statutes in a citation sentence or citation clause:
Use the year of the original enactment and the date of the most recent amendment. DO NOT use "et seq."
Procurement Code, NMSA 1978, §§ 13-1-28 to -199 (1984, as amended through 2021).
or
This opinion addresses the New Mexico Medical Malpractice Act (MMA), NMSA 1978, §§ 41-5-1 to -29 (1976, as amended through 2021).
B. Subsequent occurrences:
(1) Textual sentence:
Plaintiff suggests that this statutory provision does not conflict with the specific restrictions in Section 39-3-1.1(C).
(2) Citation sentence:
See § 38-3-1(G); § 39-3-1.1(C).
or
Section 38-3-1(G).
or
See §§ 13-1-28 to -199.
(3) Textual sentence with a citation clause:
We are not persuaded that the Legislature could have intended the general jurisdiction and venue statutes, §§ 38-3-1, -1.1, to unconstitutionally expand the appellate jurisdiction of the district courts.
or
The general jurisdiction and venue statutes, see §§ 38-3-1, -1.1, do not expand the appellate jurisdiction of the district courts.
C. Previous versions of amended statutes. If citing a previous version of the statute rather than the most recent version, cite both the year of the applicable version and the year of the most recent amendment.
(1) First occurrence:
Textual sentence:
This case requires us to examine NMSA 1978, Section 14-2-1(A)(4) (2011, amended 2019).
Citation sentence or citation clause:
NMSA 1978, § 14-2-1(A)(4) (2011, amended 2019).
(2) Subsequent occurrences:
Maintain a date parenthetical with the year of the applicable version of the statute whenever a subsequent citation refers to a version other than the most recent amendment.
Textual sentence:
We conclude that Section 14-2 -A-4 (2011) does not create a blanket exception from inspection for law enforcement records relating to an ongoing criminal investigation.
Citation sentence or citation clause:
See § 14-2-1(A)(4) (2011).
IV. Prior Compilations of New Mexico Statutes.
For usage in textual sentences and citation clauses, follow the principles illustrated by the examples in Section III of this appendix.
A. Citation sentence:
NMSA 1953, § 59-10-2.1(1973).
NMSA 1953, § 59-10-12.12(1975) (Vol. 9, 2d Repl., Part 1, 1975 Pocket Supp.).
NMSA 1941, § 38-1813 (1945) (1951 Pocket Supp.).
NMSA 1929, § 11-804 (1933) (1938 Supp.).
NMSA 1915, § 131 (1897).
V. New Mexico Session Laws.
A. Textual sentence:
Chapter 38, Section 7 of New Mexico Laws of 1987 provides . . .
B. Citation sentence or citation clause:
1987 N.M. Laws, ch. 38, § 7.
C. Session law with a website address:
H.B. 4, 55th Leg., 1st Sess. (N.M. 2021), http://www.nmlegis.gov/Sessions/21%20Regular/final/HB0004.pdf.
D. Session law enacted during a special session:
1999 N.M. Laws, 1st Spec. Sess., ch. 3, § 8(A)(1).
VI. New Mexico Judicial Rules, Uniform Jury Instructions, and Forms.
No date parenthetical is necessary if citing a current Rule, Uniform Jury Instruction, or Form. When citing a previous version of a Rule, Uniform Jury Instruction, or Form, include in parentheses for each occurrence the year of the version that is being cited.
A. Rules.
(1) First occurrence:
Rule 5-103(C)(1)(a) NMRA.
(2) Subsequent occurrences:
Rule 5-103(C)(1)(a).
(3) Previous version:
Rule 5-103 NMRA (2005).
B. Uniform Jury Instructions.
(1) First occurrence:
UJI 14-403 NMRA.
(2) Subsequent occurrences:
UJI 14-403.
(3) Previous version:
UJI 14-403 NMRA (1997).
C. Forms.
(1) First occurrence:
Form 9-406 NMRA.
(2) Subsequent occurrences:
Form 9-406.
(3) Previous version:
Form 9-406 NMRA (2007).
D. Local Rules.
(1) First occurrence:
LR2-308 NMRA.
(2) Subsequent occurrences:
LR2-308.
(3) Previous version:
LR2-308 NMRA (2015).
E. Committee Commentary and Use Notes.
Use "comm. cmt." or "use note" following the main citation.
See UJI 14-132 NMRA use note 1.
or
Rule 16-804 NMRA comm. cmt. 1.
VII. New Mexico Attorney General Opinions and Advisory Letters.
If available, cite the file number of the opinion or letter.
A. Textual sentence.
A New Mexico Attorney General Advisory Letter to Senator Timothy Z. Jennings dated February 20, 2004, expressed the then Attorney General's opinion that "statutes limit marriage in New Mexico to a man and a woman." or
The Retiree Health Care Authority is subject to the regulatory provisions applicable to other state agencies, as described in the New Mexico Attorney General Opinion in response to Robert Vigil, State Auditor, and Ben Lujan, State Representative, No. 91-06 (May 14, 1991).
B. Citation sentence or citation clause.
N.M. Att'y Gen., No. 77-25 (Sept. 20, 1977) (advisory letter to Mr. John Anderson).
or
N.M. Att'y Gen. (Oct. 21, 2019) (opinion regarding administration of residential Property Assessed Clean Energy (PACE) financing loans).
VIII. New Mexico Administrative Code (NMAC). [See generally 1.24.10.9 NMAC]
Regulations contained in the NMAC may be cited using a citation format that includes the title number, chapter number, part number, and section number, separated by and followed by "NMAC." When citing a previous version of a regulation, include in parentheses the effective date of the version that is being cited.
A. Citing a section.
(1) Current version:
3.1.3.8 NMAC.
(2) Current version with pinpoint:
3.1.3.8(A) NMAC.
(3) Previous version with effective date:
3.1.3.8 NMAC (10/31/1996).
B. Citing a whole part. When reference is to the whole part, include in parentheses the original effective date together with the date of the last amendment.
3.1.3 NMAC (07/19/1967, as amended through 9/25/2018).
IX. New Mexico Municipal Ordinances. [Bluebook Rule 12.9.2]
A. Albuquerque, N.M., Rev. Ordinances of Albuquerque ch. 3, art. II, § 3-2-15(B) (1974, amended 2021).
X. Court Filings
A. Appellate court orders and filings.
Cite appellate court orders in the following format: title of order, case name, case number (appellate court, date).
(1) New Mexico Supreme Court Order:
Order, Siebert v. Okun, S-1-SC-37231 (N.M. Sept. 24, 2018) .
(2) Filing in the New Mexico Supreme Court:
Plaintiff-Appellee's Motion to Dismiss or, in the Alternative, Motion to Strike Defendants-Appellants' Notice of Appeal Regarding an Award of Costs, Siebert v. Okun, S-1-SC-37231 (N.M. Apr. 8, 2019) .
(3) New Mexico Court of Appeals Order:
Order of Certification to the New Mexico Supreme Court, Siebert v. Okun, A-1-CA-36067 (N.M. Ct. App. Aug. 30, 2018).
B. Trial court orders and filings.
Cite trial court orders and filings in the following format: title of order or filing, case name, case number (trial court, date).
Memorandum Opinion and Order, Siebert v. Okun, D-202-CV-2013-05878 (2d Jud. Dist. Ct. Mar. 23 2018).
XI. Citation of the Record and Pleadings.
Use boldface for citation of filings and court records below for the case at issue and enclose in brackets.
Brief in Chief, page 5 | BIC 5 |
Answer Brief, page 3 | AB 3 |
Reply Brief, page 2 | RB 2 |
Amicus Brief, page 27 | AmB 27 |
Brief in Chief for Cross-Appeal, page 4 | XBIC 4 |
Calendar Notice, page 1 | CN 1 |
Docketing Statement, page 6 | DS 6 |
Memorandum in Opposition, page 3 | MIO 3 |
Memorandum in Support, page 7 | MIS 7 |
Dispositional Order of Affirmance, page 4 | DOA 4 |
Dispositional Order of Reversal, page 2 | DOR 2 |
May 3, 2012 Motion, page 3 | 5-3-12 Mot. 3 |
January 27, 2012 Order, page 2 | 1-27-12 Ord. 2 |
Notice of Appeal, page 2 | NOA 2 |
Writ Petition, page 8 | Pet. 8 |
Response to Pet., page 9 | Rsp. 9 |
Writ Cross-Petition, page 5 | XPet. 5 |
Application for Interlocutory Appeal, page 3 | App. 3 |
For Short Record Proper or Transcript: | |
Record proper page 25 | RP 55 |
Transcript page 92 | Tr. 92 |
Record proper page 77, finding of fact 20 | RP 77 FOF 20 or |
RP 77 ¶ 20 | |
Record proper page 80, conclusion of law 5 | RP 80 COL 5 or |
RP 80 ¶ 5 | |
For More Extensive Record Proper or Transcript: | |
Volume 2, record proper, page 497, paragraph 21 | 2 RP 497 ¶ 2 |
Volume 3, supplemental record proper, page 561, paragraph 2 | 3 SRP 561 ¶ 2 |
June 12, 2012 Vol. 1 of transcript, page 3, line 4 | 6-12-12 1 Tr. 3:4 |
May 9, 2007 compact disc 2, counter 9:23:21 | 5-9-07 2 CD |
9:23:21 | |
May 9, 2007 compact disc 2, counter 9:23:21 to 37 | 5-9-07 2 CD 9:23:21-37 |
Plaintiff's exhibit 5 | Pltf. Ex. 5 |
State's exhibit 33 | St. Ex. 33 |
Defendant's exhibit 59 | Def. Ex. 59 |
Deposition of John Smith, page 30, line 16 | Dep. JS 30:16 |
XII. Federal Authorities.
For citation of the United States Constitution and other federal authorities including cases, statutes, rules, and judicial, legislative, administrative, and executive materials, follow the rules and principles set forth in the relevant section of the Bluebook.
XIII. Out-of-State Authorities.
For citation of out-of-state constitutions and other out-of-state authorities including cases, statutes, rules, and judicial, legislative, administrative, and executive materials, follow the rules and principles set forth in the relevant section of the Bluebook.
When citing out-of-state cases, follow the additional guidance below.
A. States that have not adopted a public domain citation format.
When citing an out-of-state court decision from a jurisdiction that has not adopted a public domain citation format, only cite the regional reporter. No parallel citation is necessary.
Indicate the name of the state in the date parenthetical and, if the decision is not from that state's highest court, the level of court that issued the decision. When a reporter has the name of the state in its title, i.e., the Cal. Rptr. or the N.Y. Supp., DO NOT include the state abbreviation in the date parenthetical. Bluebook Rule 10.4(b).
Examples:
State v. Barness, 200 N.W.2d 300 (Minn. 1972) (per curiam).
City of Austin v. Travis Cnty. Landfill Co., 25 S.W.3d 191, 197 (Tex. App. 1999), rev'd, 73 S.W.3d 234 (Tex. 2002).
Ashley v. State, 614 So. 2d 486 (Fla. 1993).
People v. Curtis, 37 Cal. Rptr. 2d 304, 312 (Ct. App. 1994).
B. States that have adopted a public domain citation format.
When citing an out-of-state court decision from a jurisdiction that has adopted a public domain citation format, follow the state's convention regarding that format. See Bluebook Table T1.3. Because public domain citations usually include reference to the date and jurisdiction, a parenthetical providing that information is generally unnecessary. Only include such a parenthetical when the state's public domain citation rule so requires or if that information is not provided by the public domain citation.
The public domain citation must be followed by a parallel citation of the regional reporter. As with New Mexico cases, only one pinpoint is required. Unless the state does not assign paragraph numbers, the pinpoint will be the paragraph number.
Examples:
Leyba v. People, 2021 CO 54, ¶ 13, 489 P.3d 728.
People v. Young, 2013 IL App (4th) 120228, ¶ 23, 996 N.E. 671.
Greer v. State ex rel. Dep't of Transp. & Dev., 2006-417, p. 9 (La. App. 3 Cir. 10/4/06); 941 So.2d 141.
XIV. Law Review Articles and Other Secondary Sources.
Include as much information, including page numbers, as is helpful to locate the source.
A. Law Review Articles. [Bluebook Rule 16]
(1) First occurrence:
Roberta K. Flowers, What You See Is What You Get: Applying the Appearance of Impropriety Standard to Prosecutors, 63 Mo. L. Rev. 699 (1998).
(2) Subsequent occurrences:
Flowers, supra, at 712-16, 766.
B. Treatises. [Bluebook Rule 15]
(1) First occurrence:
5 Wayne R. LaFave et al., Criminal Procedure § 20.3(j), at 503-11 (4th ed. 2015) .
(2) Subsequent occurrences:
5 LaFave, supra, § 20.3(i), at 495.
or
Id. at 507.
or
Id. § 20.3(j), at 504-05 .
C. Restatements. [Bluebook Rule 12.9.4]
(1) First occurrence:
Restatement (Third) of Prop.: Servitudes § 1.2(1), at 12 (2000).
Restatement (Second) of Torts § 623A cmt. a (1977).
(2) Subsequent occurrences:
Restatement (Second) of Torts § 623A cmt. a, at 335.
(3) In text:
In Section 682, comment a of the Restatement (Second) of Torts (1977), the authors stated, "The gravamen of the misconduct for which the liability stated in this section [abuse of process] is imposed . . . is the misuse of process, no matter how properly obtained, for any purpose other than that which it was designed to accomplish."
D. Legal Encyclopedias. [Bluebook Rule 15.8]
(1) First occurrence:
40 C.J.S. Homicide § 164(2014).
24 Am. Jur. 2d Divorce & Separation § 118(2008).
(2) Subsequent occurrences:
40 C.J.S. Homicide § 164.
24 Am. Jur. 2d Divorce & Separation § 118.
E. American Law Reports (A.L.R.). [Bluebook Rule 16.7.6]
(1) First occurrence:
Earl L. Kellett, Annotation, Proof of Injury to Reputation as Prerequisite to Recovery of Damages in Defamation Action-Post-Gertz Cases, 36 A.L.R. 4th 807, § 2[b](1985).
(2) Subsequent occurrences:
Kellett, Annotation, 36 A.L.R. 4th 807, § 2[b].
F. Internet Citations. [Bluebook Rule 18]
(1) Direct citations:
N.M. Corr. Dep't Policies, Inmate Discipline CD-090101(C)(1) (May 28, 2019), https://cd.nm.gov/wp-content/uploads/2019/06/CD-090100.pdf.
(2) Citing an intervening page of hyperlinks:
Denise D. Fort, The Utton Center, Water Matters!, Adjudications 3-1 (2014), https://uttoncenter.unm.edu/resources/research-resources/water-matters-.html (last visited June 29, 2021) (follow the "Adjudications (2014)" hyperlink).
N.M. Sup. Gen. R. 23 app To Rule 23-112 NMRA