N.M. R. Mun. Ct. P. 8-303

As amended through November 1, 2024

Rule 8-303 - Amendment of complaints and citations

A.Defects, errors and omissions. A complaint or citation shall not be deemed invalid, nor shall the trial, judgment or other proceedings thereon be stayed, arrested or in any manner affected, because of any defect, error, omission, imperfection or repugnancy therein which does not prejudice the substantial rights of the defendant upon the merits. The court may at any time prior to a verdict cause the complaint or citation to be amended with respect to any such defect, error, omission, imperfection or repugnancy if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.

B.Surplusage. Any unnecessary allegation contained in a complaint or citation may be disregarded as surplusage.

C.Variances. No variance between those allegations of a complaint or citation or any supplemental pleading which state the particulars of the offense, whether amended or not, and the evidence offered in support thereof shall be ground for acquittal of the defendant unless such variance prejudices substantial rights of the defendant. The court may at any time allow the complaint or citation to be amended in respect to any variance to conform to the evidence. If the court finds that the defendant has been prejudiced by an amendment, the court may postpone the trial or grant such other relief as may be proper under the circumstances.

D.Effect. No appeal, or motion made after verdict, based on any such defect, error, omission, repugnancy, imperfection, variance or failure to prove surplusage shall be sustained unless it is affirmatively shown that the defendant was in fact prejudiced thereby in the defendant's defense on the merits.

E.Continuances. If a complaint or citation is amended, the court shall grant such continuances as justice requires.

N.M. R. Mun. Ct. P. 8-303

As amended, effective 5/15/2001.

ANNOTATIONS The 2001 amendment, effective May 15, 2001, inserted "or citation" following "complaint" in the first and last sentences and substituted "if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced" for "or to charge a different offense" in the last sentence in Subsection A; redesignated former Subsection B as present Subsection E; and added present Subsections B, C, and D, conforming this rule to Rule 5-204. Am. Jur. 2d, A.L.R. and C.J.S. references. - 61A Am. Jur. 2d Pleading § 745 et seq. 71 C.J.S. Pleading §§ 275 to 322.