SANTA FE, N.M. – The New Mexico Supreme Court has ruled that briefing deadlines in criminal appeals are procedural, not jurisdictional—meaning a missed deadline doesn’t automatically disqualify a case from review.
The decision stems from a case in which the Attorney General’s office failed to file a brief on time. In its October 24 order, the Court wrote: “The time limitation for filing a brief is not jurisdictional and does not preclude the appellate court from considering a late-filed brief.”
In legal terms, a procedural rule governs how a case moves through the court system—such as deadlines, filings, and courtroom processes. Unlike jurisdictional rules, which can prevent a court from hearing a case entirely, procedural rules allow judges discretion. That means courts can accept late filings if justified, rather than being forced to dismiss the appeal.
This clarification comes amid broader efforts by the judiciary to streamline criminal case timelines. Earlier this year, the Supreme Court approved a case management order for Santa Fe, Rio Arriba, and Los Alamos counties, requiring most criminal cases to be resolved within seven to ten months. Judges say the goal is to reduce delays and improve consistency across the state’s judicial districts.
The October 24 ruling applies to all future cases and is expected to shape how appellate deadlines are enforced statewide.
