N.M. R. Child. Ct. 10-214

As amended through November 1, 2024

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.

N.M. R. Child. Ct. 10-214

Adopted by Supreme Court Order No. 08-8300-042, effective 1/15/2009.

Committee commentary. - See Rule 5-204 NMRA of the Rules of Criminal Procedure of the District Courts for comparable rule.

ANNOTATIONS Compiler's notes. - Pursuant to Supreme Court Order No. 08-8300-042, former Rule 10-214 NMRA, relating to disclosure by respondent child, was recompiled as Rule 10-232 NMRA, and a new Rule 10-214 NMRA, relating to general rules of pleadings, was adopted, effective January 15, 2009.