N.M. R. App. P. 12-606
Any certification of a matter to the Supreme Court by the Court of Appeals under Subsection C of Section 34-5-14 NMSA 1978, or transfer of a matter to the Supreme Court by the Court of Appeals under Section 34-5-10 NMSA 1978, is subject to the Supreme Court's inherent authority under Article VI, Section 3 of the New Mexico Constitution to review and accept certification or transfer orders of the Court of Appeals. An order of the Supreme Court granting certification or transfer shall direct the Court of Appeals to forward the file in the cause, including all copies of transcripts and briefs filed in the Court of Appeals, which shall thereafter be treated as filed with the Supreme Court. The Court of Appeals clerk shall then give prompt notice to all parties. After certification or transfer has been accepted by the Supreme Court, the parties shall be entitled to file in the Supreme Court such additional briefs and other documents within such time as they would have been entitled to file in the Court of Appeals had the matter not been accepted for certification or transfer. The Supreme Court may direct the filing of other or supplemental briefs and may limit the questions to be argued. A party may file a request for oral argument in accordance with Rule 12-319 NMRA.
N.M. R. App. P. 12-606
Committee commentary. - The 2016 amendments to this rule serve two purposes. First, with respect to the certification of cases from the Court of Appeals to the Supreme Court, under NMSA 1978, Section 34-5-14, the amendments make clear, consistent with current practice, that the Supreme Court has the inherent constitutional authority to accept or reject such certification, and that a certification is final only when the Supreme Court issues an order accepting the certification. See Martinez v. Chavez, 2008-NMSC-021, 144 N.M. 1, 183 P.3d 145. The amendments then defer the obligations under this rule until such certification is accepted. Second, the amendments also apply the same procedure to the transfer of cases from the Court of Appeals to the Supreme Court under NMSA 1978, Section 34-5-10.
[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, rewrote the rule to clarify that the Supreme Court has the inherent constitutional authority to accept or reject certification or transfer orders from the Court of Appeals, amended certain procedures when a matter has been accepted for certification or transfer, and added the committee commentary; in the heading, added "and transfer" and "to the Supreme Court"; in the first sentence, after "the Court of Appeals", deleted "pursuant to" and added "under", and after "Section 34-5-14 NMSA 1978", deleted "shall be accompanied by" and added "or transfer of a matter to the Supreme Court by the Court of Appeals under Section 34-5-10 NMSA 1978, is subject to the Supreme Court's inherent authority under Article VI, Section 3 of the New Mexico Constitution to review and accept certification or transfer orders of the Court of Appeals."; at the beginning of the second sentence, added "An order of the Supreme court granting certification or transfer shall direct the Court of Appeals to forward", after "the file in", deleted "said" and added "the", and after "briefs filed", deleted "therein" and added "in the Court of Appeals"; in the third sentence, after "shall", added "then", and after "all parties", deleted "of the certification of any matter to the Supreme Court"; in the fourth sentence, after "After certification", added "or transfer has been accepted by the Supreme Court", and after "had the matter not been", deleted "so certified" and added "accepted for certification or transfer"; in the fifth sentence, after "argued", deleted "therein"; and in the sixth sentence, after "oral argument", deleted "within fifteen (15) days of the date of certification, and otherwise", and after "in accordance with", deleted "Rule 12-214" and added "Rule 12-319". The 1997 amendment, effective January 1, 1997, substituted "fifteen (15) days" for "ten (10) days" in the last sentence. Am. Jur. 2d, A.L.R. and C.J.S. references. - 5 Am. Jur. 2d Appellate Review § 967 et seq.