Rule 8-303 NMRA
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.