A.Motion for new adjudicatory hearing or trial. A motion for a new adjudicatory hearing or trial may be filed by a party or upon the court's own initiative at any time not later than ten (10) days after the entry of a judgment pursuant to Rule 10-251 NMRA or Rule 10-353 NMRA. A motion for a new adjudicatory hearing or trial based on the ground of newly discovered evidence may be made within thirty (30) days after entry of the judgment, but if an appeal is pending the court may grant the motion only on remand of the case. (1) A new adjudicatory hearing or trial may be granted upon a finding by the court that the newly discovered evidence: (a) will probably change the result if a new hearing is granted;(b) was discovered since the adjudicatory hearing and could not have been discovered before the adjudicatory hearing by the exercise of due diligence;(c) is material to the issue;(d) is not merely cumulative; and(e) is not merely impeaching or contradictory.(2) A motion for new adjudicatory hearing is automatically denied: (a) if not granted within thirty (30) days from the date it is filed; or(b) if the motion is filed while an appeal of the adjudication is pending, if not granted within thirty (30) days from the date of remand to the children's court.B.Clerical mistakes. Clerical mistakes in judgments, orders or parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.C.Mistakes; inadvertence; excusable neglect; newly discovered evidence; fraud, etc. On motion and upon such terms as are just, the court may relieve a party or a party's legal representative from a final judgment, order or proceeding for the following reasons:(1) mistake, inadvertence, surprise or excusable neglect;(2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Paragraph A of this rule;(3) fraud, misrepresentation or other misconduct of an adverse party;(4) the judgment is void; or(5) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2) and (3) not more than one year after the judgment, order or proceeding was entered or taken. A motion under this paragraph does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order or proceeding, or to set aside a judgment for fraud upon the court. N.M. R. Child. Ct. 10-146
Approved, effective 5/1/2003; Rule 10-120 NMRA, recompiled and amended as Rule 10-146 NMRA by Supreme Court Order No. 08-8300-042, effective 1/15/2009.Committee commentary. - This rule retains the automatic denial provision because of the necessity of timely resolution of children's court proceedings.
ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, in Paragraph A, added "or trial" in the title and changed "Rule 10-230 NMRA or Rule 10-310 NMRA" to "Rule 10-251 NMRA or Rule 10-353 NMRA"; and in Paragraph A(2)(a), changed 10 days to 30 days. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-120 NMRA was recompiled as Rule 10-146 NMRA, effective January 15, 2009.
Cross references. - For remand from the appellate court, see Rule 10-152 NMRA. For modification of judgment in delinquency proceedings, see Rule 10-262 NMRA. Voluntary dismissal terminates the jurisdiction of the children's court. - A notice of dismissal, pursuant to Rule 10-145 NMRA, terminates the jurisdiction of the children's court and leaves the children's court without power to reinstate the action pursuant to Rule 10-146 NMRA. State ex rel. CYFD v. Scott C., 2016-NMCA-012, cert. denied, 2016-NMCERT-001. Where the Children, Youth and Families Department (CYFD) filed notices of voluntary dismissal, pursuant to Rule 10-145 NMRA, terminating proceedings without prejudice against plaintiff in several abuse and neglect cases, the children's court was without jurisdiction to reopen and dismiss with prejudice the abuse and neglect cases pursuant to Rule 10-146 NMRA. State ex rel. CYFD v. Scott C., 2016-NMCA-012, cert. denied, 2016-NMCERT-001.