N.M. R. Civ. P. Magist. Ct. 2-704

As amended through August 23, 2024
Rule 2-704 - 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, or 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. Magist. Ct. 2-704

ANNOTATIONS Magistrate court has no jurisdiction to set aside a jury verdict. Jaramillo v. O'Toole, 1982-NMSC-011, 97 N.M. 345, 639 P.2d 1199. Am. Jur. 2d, A.L.R. and C.J.S. references. - 5 Am. Jur. 2d Appellate Review §§ 690, 705 et seq. Admissibility, in action involving motor vehicle accident, of evidence as to manner in which participant was driving before reaching scene of accident, 46 A.L.R.2d 9. 5 C.J.S. Appeal and Error § 468; 66 C.J.S. New Trial § 17.