Rule 10-214 NMRA
Rule 10-214. General rules of pleading.
A. Defects, errors, omissions and clerical mistakes. No pleading shall be
deemed invalid, nor shall the inquiry, hearing, judgment or other proceeding be stayed
or in any manner affected because of any defect, error, omission, imperfection or
inconsistency in the pleading, which does not prejudice the substantial rights of the
respondent child on the merits. The court may at any time prior to an adjudication on the
merits cause the pleadings to be amended to cure errors, defects, omissions,
imperfections or variances if substantial rights of the respondent child are not
prejudiced. Upon ordering such an amendment of a petition or other pleading, the court
shall grant a continuance to any party whose ability to present the party's case has been
affected by the amendment. 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.
B. Surplusage. Any unnecessary allegation contained in a petition may be
disregarded as surplusage.
C. Variances. No variance between those allegations of a petition or any
supplemental pleading which states the particulars of the delinquent act, whether
amended or not, and the evidence offered in support thereof shall be grounds for the
acquittal of the respondent unless such variance prejudices substantial rights of the
respondent child. The court may at any time allow the petition to be amended in respect
to any variance to conform to the evidence. If the court finds that the respondent child
has been prejudiced by an amendment, the court may postpone the adjudicatory
hearing 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 the respondent child was, in fact, prejudiced in the respondent child’s
defense on the merits.