A. Necessity. It is unnecessary for the appellate court to write precedential opinions in every case. Disposition by order, decision or memorandum opinion does not mean that the case is considered unimportant. It does mean that the disposition is not precedent. Non-precedential dispositions may be cited for any persuasive value and may also be cited under the doctrines of law of the case, claim preclusion, and issue preclusion.
B. Disposition by order, decision or memorandum opinion. The appellate court may dispose of a case by non-precedential order, decision or memorandum opinion under the following circumstances:
(1) The issues presented have been previously decided by the Supreme Court or Court of Appeals;
(2) The presence or absence of substantial evidence disposes of the issue;
(3) The issues are answered by statute or rules of court;
(4) The asserted error is not prejudicial to the complaining party; or
(5) The issues presented are manifestly without merit.
C. Precedential effect; publishing opinions. Except for any disposition under Paragraph B of this rule, opinions become precedent when filed pursuant to Paragraph A of Rule 12-402 NMRA unless suspended pursuant to Paragraph C of Rule 12-404 NMRA. A petition for a writ of certiorari filed pursuant to Rule 12-502 NMRA or a Supreme Court order granting the petition does not affect the precedential value of an opinion of the Court of Appeals, unless otherwise ordered by the Supreme Court. Except for dispositions under Paragraph B of this rule, all opinions shall be published in an authenticated, digital format by the New Mexico Compilation Commission and collectively known as the New Mexico Appellate Reports unless the Supreme Court directs otherwise.
D. Citation. Any citation to a non-precedential disposition from any jurisdiction shall indicate in a parenthetical that the disposition is non-precedential or unpublished and shall otherwise be in accordance with Paragraph H of Rule 23-112 NMRA. If a party cites a non-precedential disposition that is unavailable in a publicly accessible electronic database, the party shall separately file and serve a copy contemporaneously with the brief or other paper in which it is cited.
[As amended by Supreme Court Order No. 11-8300-031, effective for cases pending or filed on or after September 12, 2011; by Supreme Court Order 12-8300-006, effective March 1, 2012.]