A.Application in the Court of Appeals. A party appealing a judgment of the children's court, after a denial of a stay by the children's court, may request that the judgment be stayed by filing and serving an application for stay in the Court of Appeals at any time after the notice of appeal has been filed. If the case has not been previously docketed in the Court, the docket fee or order granting free process shall accompany the motion. Both the appellate division of the attorney general and the children's court attorney shall be served. Filing and service shall be governed by Rule 12-307 NMRA.B.Contents of application. All applications to stay the judgment of the children's court shall include(1) a concise statement of such facts presented to the children's court necessary for an understanding of the application;(2) a concise statement of the reasons why the judgment should be stayed, including a statement whether those reasons were presented to the children's court as a part of the appellant's case below;(3) a concise statement of how suitable provisions will be made for the care and custody of the child if a stay is granted; and(4) certified copies, showing the filing dates, of the petition initiating the children's court action, the judgment and any findings of the children's court, and the notice of appeal. The application may also include documentary evidence presented to the children's court; provided, however, that any document not formally admitted as evidence or filed with the children's court clerk must include a certificate of counsel that the evidence was presented to the children's court.C.Response. Any response to the application shall be filed and served within ten (10) days after service of the application. Filing and service shall be governed by Rule 12-307 NMRA. The response may include (1) a concise statement of facts presented to the children's court that are necessary for an understanding of the application but were not stated in the application;(2) a concise statement of reasons why the application should be denied;(3) any documentary evidence presented to the children's court; provided, however, that any document not formally admitted as evidence or filed with the children's court clerk must include a certificate of counsel that the evidence was presented to the children's court; and(4) any statements or documents relied on by the children's court in denying the stay as well as the record of children's court hearing denying the stay.D.Reply. A reply is not permitted without leave of the Court, which may be granted upon a showing of good cause. A motion seeking leave to file a reply must be filed and served within seven (7) days after service of the response and must include the proposed reply.E.Stay pending disposition of the application. At any time after the application has been filed, the Court may grant a stay pending disposition of the application.F.Disposition of the application. The application for stay shall be considered by the Court as soon as practicable, and in any event not later than fifteen (15) days after the granting of any stay pending disposition. The Court, in its discretion, may consider the matter with or without a hearing or oral argument. The Court may review the official transcript of proceedings if filed in the Court or any unofficial transcript of proceedings that is stipulated to and presented by the parties. Either party may seek a review of the decision of the Court by filing a petition for writ of certiorari under Rule 12-502 NMRA. As amended by Supreme Court Order No. 16-8300-011, effective for all cases pending or filed on or after12/31/2016.Committee commentary. - This rule does not apply to a motion to stay a children's court custody order pending expedited appeal under Rule 12-206.1 NMRA.
[Adopted by Supreme Court Order No. 16-8300-011, effective for all cases pending or filed on or after December 31, 2016.]
. ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-011, effective December 31, 2016, prohibited the filing of a reply to a response to an application to stay a children's court judgment without leave of the Court of Appeals, provided the procedure for the filing of a motion for leave to file a reply, made technical changes, and added the committee commentary; in Paragraph (A), after "docketed in the", deleted "appellate"; in Subparagraph (C)(1), after "children's court", deleted "which" and added "that", and after "application but", deleted "which"; added a new Paragraph (D); redesignated the language in former Paragraph (D) as Paragraph (E); in Paragraph (E), after "Stay pending disposition of the application." added "At any time", after "been filed, the", deleted "court of appeals" and added "Court", and after "may grant", deleted "an ex parte" and added "a"; redesignated former Paragraph (E) as Paragraph (F); in Paragraph (F), changed "court of appeals" to "Court" throughout the paragraph, after "after the granting of", deleted "an ex parte" and added "any", after "transcript of proceedings", deleted "which" and added "that", and after "writ of certiorari", deleted "pursuant to" and added "under".