Rule 10-146. New adjudicatory hearing or trial; relief from judgment or order.

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.