In Ada v. Sablan, 1 N. Mar. I. 415 (N.M.I. Nov. 16, 1990), the Court decided that if an issue was not raised at trial, the Court may consider it for the first time on appeal only if:
(1) the issue is one of law not relying on any factual record;
(2) a new theory or issue has arisen because of a change in the law while the appeal was pending, or;
(3) plain error occurred and an injustice might otherwise result if the appellate court does not consider the issue.