Rule 12-403 Costs and attorney fees.

A. Recovery. Unless otherwise provided by law, the appellate court may, in its discretion, award costs to the prevailing party on request. A party may request costs in a motion filed within fifteen (15) days after entry of disposition. Costs may be apportioned by the appellate court in such manner as it may direct.

B. Allowable costs. Allowable costs may include the following:

(1) docket fee or other fees paid in the appellate court;

(2) costs of preparing the record proper and the transcript of proceedings, as reflected by the certificates of the district court clerk and the court reporter;

(3) reasonable attorney fees for services rendered on appeal in causes where the award of attorney fees is permitted by law;

(4) damages under Section 39-3-27 NMSA 1978, if it is determined that the appeal is frivolous, not in good faith, or merely for purposes of delay; and

(5) any other costs as the appellate court may deem proper.