N.M. R. Crim. P. Metro. Ct. 7-704

As amended through August 23, 2024

Rule 7-704 - Harmless error; clerical mistakes

A.Harmless error. Error in either the admission or the exclusion of evidence and error or defect in any ruling, order, act or omission by the court or by any of the parties is not grounds for granting a new trial or for setting aside a verdict, for vacating, modifying or otherwise disturbing a judgment or order, unless refusal to take any such action appears to the court inconsistent with substantial justice.

B.Clerical mistakes. Clerical mistakes in judgments, final orders or other parts of the file and errors therein arising from oversight or omission may be corrected by the judge at any time on the judge's own initiative or on the request of any party after such notice to the opposing party, if any, as the judge orders.

As amended, effective 1/1/1994;1/1/1997.

ANNOTATIONS The 1997 amendment, effective January 1, 1997, substituted "on the judge's own initiative" for "of his own initiative" in Paragraph B, and deleted former Paragraph C relating to correction or modification of the record. The 1994 amendment, effective January 1, 1994, deleted the former last sentence of Paragraph B which read "During the pendency of an appeal, such mistakes may be so corrected before the transcript is filed in the district court, and thereafter while the appeal is pending may be corrected with leave of the district court", and added Paragraph C. Technical deficiency in metropolitan court transcript may be harmless. - Where trial court has sufficient information to proceed with the trial, a technical deficiency in transcript of metropolitan court, such as failure to include all pleadings or metropolitan court's final order, does not deprive trial court of power to proceed with the trial. State v. Gallegos, 1984-NMCA-069, 101 N.M. 526, 685 P.2d 381. Am. Jur. 2d, A.L.R. and C.J.S. references. - What constitutes harmless or plain error under Rule 52 of the Federal Rules of Criminal Procedure - Supreme Court cases, 157 A.L.R. Fed. 521.