Rule 5-113 NMRA
Rule 5-113. Harmless error; clerical mistakes.
Length: 153 wordsOfficial source
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, orders or other parts of the
record and errors in the record arising from oversight or omission may be corrected by
the court at any time 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.