N.M. R. Civ. P. Metro. Ct. 3-705

As amended through May 8, 2024
Rule 3-705 - 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.

N.M. R. Civ. P. Metro. Ct. 3-705

ANNOTATIONS Technical deficiency in metropolitan court transcript may be harmless. - If trial court has sufficient information to proceed with the trial, a technical deficiency in transcript of metropolitan court, such as failure to include all pleadings or metropolitan court's final order, does not deprive trial court of power to proceed with the trial. State v. Gallegos, 1984-NMCA-069, 101 N.M. 526, 685 P.2d 381.