Category Archives: Appellate Practice

Proposed rule change would require disclosure for amicus briefs in New Mexico

by Emil J. Kiehne Posted on May 13, 2013

The New Mexico Supreme Court’s Rules of Appellate Procedure Committee (of which I am a member) has proposed a change to Rule 12-215 that would require an amicus curiae to disclose when a party to the case, or the party’s … Continue reading →

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“The clear choice for verbose people is Microsoft Word”

by Emil J. Kiehne Posted on January 15, 2013

In recent years, both the federal and New Mexico appellate courts have imposed word limits on briefs, as alternatives to page limits. Federal Rule of Appellate Procedure 32(a)(7) limits principle briefs to 14,000 words, and reply briefs to 7,000 words.  … Continue reading →

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If the other side argues that your appeal should be dismissed, don’t ignore it, says NM Court of Appeals.

by Emil J. Kiehne Posted on December 31, 2012

Recently legal writing guru Bryan Garner had an interesting piece on when you can ignore a point raised by your opponent on appeal. While that may be possible in some circumstances, it’s probably not a good idea to ignore an … Continue reading →

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“You Forgot to Swear In the Jury? No Prob”

by Emil J. Kiehne Posted on September 3, 2012

Joe Palazzolo has this report from the Wall Street Journal’s Law Blog about the Tenth Circuit’s decision in United States v. Turrietta, which reinforces the lesson that a lawyer usually cannot sit by while error occurs and successfuly take advantage of it later.  What makes … Continue reading →

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Coming Soon: the 23rd annual New Mexico Appellate Practice Institute

by Emil J. Kiehne Posted on August 20, 2012

The State Bar of New Mexico will be holding its 23rd Annual Appellate Practice Institute on Friday, September 14 at the State Bar Center in Albuquerque. As usual, the Appellate Practice Section has put together a great program.  Several judges … Continue reading →

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