N.M. R. Child. Ct. 10-144
Error or defect in any ruling, order, act or omission by the court or by any of the parties including failure to comply with time limits is not grounds for granting a new hearing or for setting aside a verdict, for vacating, modifying or otherwise disturbing a judgment or order, or for dismissing an action, unless refusal to take any such action appears to the court inconsistent with substantial justice or unless these rules expressly provide otherwise.
N.M. R. Child. Ct. 10-144
Committee commentary. - See District Court Civil Rule 1-061 NMRA and District Court Criminal Rule 5-113 NMRA for harmless error rules governing civil and criminal proceedings in the district court.
ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, deleted the former committee commentary and replaced it with the current version. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-117 NMRA was recompiled as Rule 10-144 NMRA, effective January 15, 2009. This rule deals primarily with dismissals. In re Michael L., 2002-NMCA-076, 132 N.M. 479, 50 P.3d 574, cert. denied, 132 N.M. 484, 50 P.3d 574. Failure to observe time limits. - This rule by its terms states that, absent special circumstances, failure to observe time limits is not grounds to modify a judgment. In re Michael L., 2002-NMCA-076, 132 N.M. 479, 50 P.3d 574, cert. denied, 132 N.M. 484, 50 P.3d 574. Fundamental error. - Fundamental error will only be heard to prevent a plain miscarriage of justice where someone has been deprived of rights essential to a defense, or to protect those whose innocence appears indisputable or is open to such question that it would shock the conscience to permit the conviction to stand. Doe v. State, 1975-NMCA-108, 88 N.M. 347, 540 P.2d 827, cert. denied, 88 N.M. 318, 540 P.2d 248. Prejudicial error needed for reversal. - In children's court cases, no less than in adult cases, error must be prejudicial to be reversible. State v. Doe, 1985-NMCA-065, 103 N.M. 233, 704 P.2d 1109. Improper admission of evidence not reversible error absent reliance. - The erroneous admission of evidence is not reversible error in a nonjury proceeding unless it appears that the court must have relied upon such evidence in reaching its decision; court's remarks at conclusion of child's transfer hearing showed that court did not rely on any of possibly inadmissible testimony based on contents of probation file, but rather on probation officer's personal knowledge of activities involving the child. In re Doe, 1976-NMCA-102, 89 N.M. 700, 556 P.2d 1176.