Rule 6-704 - Harmless error; clerical mistakesA.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.B.Clerical mistakes. Clerical mistakes in final orders or other parts of the file and errors therein arising from oversight or omission may be corrected by the magistrate at any time on the judge's own initiative or on the request of any party after such notice to the opposing party, if any, as the magistrate orders.N.M. R. Crim. P. Magist. Ct. 6-704
As amended, effective 1/1/1997. ANNOTATIONS The 1997 amendment, effective January 1, 1997, substituted "on the judge's own initiative" for "of his own initiative" in Paragraph B, and deleted the former last sentence of Paragraph B relating to correction of mistakes before filing the transcript. Am. Jur. 2d, A.L.R. and C.J.S. references. - What constitutes harmless or plain error under Rule 52 of the Federal Rules of Criminal Procedure - Supreme Court cases, 157 A.L.R. Fed. 521.