N.M. R. App. P. 12-501

As amended through August 23, 2024

Rule 12-501 - Certiorari from the Supreme Court to the district court regarding denial of habeas corpus

A.Scope of rule. This rule governs petitions for the issuance of writs of certiorari seeking review of denials of habeas corpus petitions by the district court under Rule 5-802 NMRA of the Rules of Criminal Procedure.

B.Time. Petitions for writs of certiorari shall be filed with the Supreme Court clerk within thirty (30) days of entry of the district court's order denying the petition. Subject to the provisions of Rule 12-304 NMRA and Rule 23-113 NMRA, the petition shall be accompanied by the docket fee. The three (3) day mailing period set forth in Rule 12-308 NMRA does not apply to the time limits set by this paragraph.

C.Extensions of time to file petition.

(1) Before the time for filing a petition has expired, on a showing of good cause, the Supreme Court may extend the time for filing the petition for a period not to exceed thirty (30) days from the expiration of the time otherwise prescribed by this rule.

(2) After the time has expired for filing a petition, on a showing of excusable neglect or circumstances beyond the control of the petitioner, the Supreme Court may extend the time for filing a petition for a period not to exceed thirty (30) days from the expiration of time otherwise provided by this rule.

(3) After sixty (60) days from the time of the order denying the petition, the Supreme Court may extend the time for filing the petition on a showing of good cause and circumstances beyond the control of the petitioner.

(4) In computing time under this paragraph, the three (3) day mailing period set forth in Rule 12-308 NMRA does not apply.

D.Petition; contents. The petition, not exceeding ten (10) pages, shall have attached a copy of the petition for writ of habeas corpus and attachments filed in district court, the response, if any, and a copy of the district court's denial thereof, and shall contain

(1) a description of the proceedings in district court relating to the petition, showing whether an evidentiary hearing was held in district court, and if so, a summary of the evidence presented therein;

(2) a direct and concise argument showing that the district court's decision was erroneous; and

(3) a prayer for relief.

E.Briefs, records, and transcripts. In the event the writ of certiorari is issued, additional briefs, the record, and transcripts may be filed only as directed by the Supreme Court.

F.Service. Service of any paper shall be made and proof thereof accomplished in accordance with Rule 12-307 NMRA.

G.Copies. If the petition for writ of certiorari has been filed pro se by a petitioner adjudged indigent, only the original petition shall be filed. In all other cases, copies shall be filed in accordance with Rule 12-306 NMRA.

N.M. R. App. P. 12-501

As amended by Supreme Court Order No. 09-8300-10, effective 5/6/2009; as amended by Supreme Court Order No. 14-8300-014 and Order No. 14-8300-027, effective for all cases pending or filed on or after12/31/2014; as amended by Supreme Court Order No. 16-8300-011, effective for all cases pending or filed on or after12/31/2016.

ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-011, effective December 31, 2016, clarified that the rule applies to certiorari from the Supreme Court, and made stylistic and technical changes; in the heading, added "from the Supreme Court", and after "district court", deleted "from" and added "regarding"; in Paragraph (A), after "district court" deleted "pursuant to" and added "under", and after "Rule 5-802", added "NMRA"; in Paragraph (C), substituted "on" for "upon" throughout the paragraph; in Subparagraph (C)(4), after "time", deleted " pursuant to" and added "under", and after "three (3)", deleted "days" and added "day"; in Paragraph (D), in the introductory sentence, after "ten", added "(10)"; and in Paragraph (E), after "directed by the", deleted "appellate court" and added "Supreme Court". The second 2014 amendment, approved by Supreme Court Order No. 14-8300-027, effective December 31, 2014, changed the scope of the effective date for the amendments approved by Supreme Court Order No. 14-8300-014 to apply to pending cases as well as those filed on or after December 31, 2014. The 2014 amendment, approved by Supreme Court Order No. 14-8300-014, effective December 31, 2014, authorized the Supreme Court to extend the time for filing a petition after sixty days from the time the order denying the petition was entered; and in Paragraph C (3), deleted the former language which provided that no motion for extension of time to file a petition could be granted after sixty days from the time the order denying the petition was entered and that if a motion was not granted within the sixty days, the motion was automatically denied, and added the current language. The 2012 amendment, approved by Supreme Court Order No. 12-8300-001, effective March 19, 2012, specified a page limitation and type volume limitations based on type style and type face; required a certification of compliance with the page limitation if the type style or type face causes the body of the petition to exceed the page limitation; in Paragraph D, after "The petition", deleted "not exceeding ten pages"; and added Paragraphs E and F. The 2009 amendment, approved by Supreme Court Order No. 09-8300-010, effective May 6, 2009, in Paragraph B, after "days of", added "entry of"; replaced "denial of" with "order denying"; added "Subject to the provisions of Rule 12-304 NMRA and Rule 23-113 NMRA" at the beginning of the second sentence; and deleted "or a free process order" at the end of the second sentence; added a new Paragraph C; renumbered subsequent Paragraphs D and E; and deleted former Subparagraph E, which addressed petitions for writ of certiorari not acted upon within thirty days. Defendant in custody in another jurisdiction. - A defendant is in "custody" for purposes of post-conviction relief under Rule 5-802 NMRA when the defendant is not physically restrained within the state of New Mexico, but is incarcerated in another state serving a sentence imposed by that state to be served concurrently or consecutively with the sentence imposed by the New Mexico court and is entitled to pursue post-conviction relief in New Mexico. Howard v. Martin, 1991-NMSC-001, 111 N.M. 203, 803 P.2d 1108. Am. Jur. 2d, A.L.R. and C.J.S. references. - 14 Am. Jur. 2d Certiorari § 1 et seq. 14 C.J.S. Certiorari § 1 et seq.