The panel assigned to the case makes the decision, and as with all Court of Appeals decisions, the majority of the panel (two judges of the three assigned) make the decision. The criteria for memorandum opinions are contained in NMRA 12-405(B), and they generally concern whether the case result is determined by settled New Mexico law: either statutory, rule, or case law or the presence of substantial evidence or absence of harm to the complaining party. If out-of- jurisdiction authorities need to be cited, it is generally a sign that the opinion needs to be formal. Even if all of the authorities cited are New Mexico authorities, an opinion may be issued in formal form if the judges think that it will provide needed guidance to the bench and bar.