Rule 3-704. Relief from judgment or order.

A. Clerical mistakes. Clerical mistakes and errors in judgments, orders, or parts of the record 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, these mistakes may be so corrected before the appeal is docketed in the district court, and thereafter while the appeal is pending may be so corrected with leave of the district court or the appellate court before which the appeal is pending. B. Mistakes; inadvertence; excusable neglect; fraud, etc. On motion and on such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party; (3) the judgment is void; (4) the judgment has been satisfied, released or discharged, or a prior judgment on which it is based has been reversed or otherwise vacated; or (5) any other reason justifying relief from the operation of a judgment, including failure of a party who was subject to the provisions of Rule 3-201(E) NMRA to comply with Rules 3-201(E)(1) and 3-401(D) NMRA, and to substantially comply with Form 4-226 NMRA, or to comply with Rules 3-201(E)(2) and 3-401(D) NMRA, and to substantially comply with Form 4-226A NMRA. A motion filed under Subparagraphs (1) or (2) of this paragraph shall be filed not more than one (1) 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. An order granting or denying relief from a final judgment under this rule may be appealed to the district court in the same manner as other appeals from final judgments of the metropolitan court are taken. C. Satisfied judgments. On the filing with the court of a motion for an order declaring the judgment to be satisfied and notice to the opposing party, the court may set a hearing to determine if the judgment has been satisfied, released or discharged. The application shall be served on the judgment creditor in the manner prescribed by Rule 3-202 for service of summons and complaint. A hearing on the application shall be held within a reasonable time after the filing of the application. Notice of the hearing shall be mailed to the parties by the clerk of the court. If the judgment creditor fails to appear at the hearing, a default satisfaction of judgment may be entered on: (1) the filing of the return of service or an affidavit that after “diligent search” the judgment creditor could not be located. For purposes of this subparagraph “diligent search” includes, but shall not be limited to an affidavit that: (a) the judgment creditor no longer has a business or residence at the judgment creditor’s last known address as shown in the court file; and (b) the judgment creditor could not be located through a search of telephone and city directories in each county where the judgment creditor was known to have resided or maintained a place of business in this state; and (2) proof of payment of the full amount of the judgment with interest thereon to date of payment, plus post-judgment costs incurred by the judgment creditor which can be determined from the court record or, if the judgment, including any interest and costs has not been paid in full, payment into the court registry of the balance owed in accordance with NMSA 1978, Section 39-1-6.2 plus any costs of court for receiving into and paying the money out of the registry of the court.