N.M. R. Civ. P. Dist. Ct. 1-058
N.M. R. Civ. P. Dist. Ct. 1-058
For time and place of rendition of judgment, see Section 39-1-1 NMSA 1978. For control of court over final judgment after entry, see Section 39-1-1 NMSA 1978 and Rules 1-059, 1-060 and 1-062 NMRA. For notice before entry of judgment in cases taken under advisement after hearing, see Section 39-1-2 NMSA 1978. For entry of judgment when either party dies after verdict, see Section 39-1-3 NMSA 1978. For entry and enforcement of judgment, see Section 39-1-4 NMSA 1978. For recording judgments authorizing transfer, etc., of property held as community property or in joint tenancy or tenancy in common, see Section 40-3-17 NMSA 1978. For form of judgment in workmen's compensation case, see Section 52-1-38 NMSA 1978. For form of judgment in suit to collect irrigation district assessments, see Section 73-11-48 NMSA 1978. For filing copy with state engineer of judgment on appeal transferring water rights in irrigation district, see Section 73-13-5 NMSA 1978. Construed in pari materia. - Section 37-1-2 and this rule shall be read in pari materia. Navajo Dev. Corp. v. Ruidoso Land Sales Co., 1977-NMSC-094, 91 N.M. 142, 571 P.2d 409. Judgment's validity not affected by delay or omission. - The entry of judgment is a ministerial act, and the validity of the judgment is not affected by a delay or omission in entering judgment. De Lao v. Garcia, 1981-NMCA-091, 96 N.M. 639, 633 P.2d 1237. Unless great time lapse, intervening right or no jurisdiction. - Judgment may be entered on a verdict or decision at anytime thereafter, and a party is entitled to have a judgment so entered unless the lapse of time is unreasonably great, some independent right has intervened or the court has lost jurisdiction. De Lao v. Garcia, 1981-NMCA-091, 96 N.M. 639, 633 P.2d 1237. Commission of act after announcement but before entry of judgment is contempt. - After trial court has declared in open court that injunction will be issued and become immediately effective, the commission of any act enjoined after that time before formal judgment has been entered constitutes contempt. State ex rel. Bliss v. Casarez, 1948-NMSC-062, 52 N.M. 406, 200 P.2d 369. The rules to be followed in arriving at the meaning of judgments and decrees are not dissimilar to those relating to other written documents. Where the decree is clear and unambiguous, neither pleadings, findings nor matters dehors the record may be used to change or even to construe its meaning. Owen v. Burn Constr. Co., 1977 -NMSC-029, 90 N.M. 297, 563 P.2d 91. It was error to admit evidence dehors the record of the condemnation suit to vary the terms of the judgment in the owner's suit for negligence of a certain contractor who had damaged the building that had been located on the land, and, as a necessary corollary, it was error for the court to refuse the owner's instruction that he had not received compensation for his building in the first suit. Owen v. Burn Constr. Co., 1977 -NMSC-029, 90 N.M. 297, 563 P.2d 91 (1977). Stipulated judgment is contract. - A stipulated judgment is not considered to be a judicial determination, but rather a contract between the parties. Owen v. Burn Constr. Co., 1977 -NMSC-029, 90 N.M. 297, 563 P.2d 91. The district court has authority to vacate a final judgment during the period of 30 days after its entry. Laffoon v. Galles Motor Co., 1969-NMCA-006, 80 N.M. 1, 450 P.2d 439. See Section 39-1-1 NMSA 1978. Court erred in deciding landowner boundary dispute after claim was dismissed. - In a landowner boundary dispute, where the district court, in an oral ruling, dismissed an adjudication of boundaries claim, it was error for the district court to later decide the boundaries claim where the parties were entitled to rely on the district court's repeated assertions at the bench trial that it would not address the issue, especially when the assertions were reinforced through subsequent explicit statements that the issue would not be decided. Hancock v. Nicoley, 2016-NMCA-081. Law reviews. - For annual survey of New Mexico law relating to civil procedure, see 12 N.M.L. Rev. 97 (1982). Am. Jur. 2d, A.L.R. and C.J.S. references. - 46 Am. Jur. 2d Judgments §121 et seq. Entering judgment as collateral security, 3 A.L.R. 851. Formality in authentication of judicial acts, 30 A.L.R. 700. Rendition of judgment against one not a formal party but who has assumed the defense, 65 A.L.R. 1134. Power to enter judgment nunc pro tunc after death of party, 68 A.L.R. 261. Power to extend time for appeal by entering order nunc pro tunc, 89 A.L.R. 944, 149 A.L.R. 740. Divorce decree entered after death of spouse against whom it purports to be rendered, 94 A.L.R. 922. Construction and application of statute providing for entry of default judgment by clerk without intervention of court or judge, 158 A.L.R. 1091. Entry of nunc pro tunc judgment in divorce suit on death of party before final decree, 158 A.L.R. 1209. Date of verdict or date of entry of judgment thereon as beginning of interest period on judgment, 1 A.L.R.2d 479. Necessity of notice of application or intention to correct error in judgment entry, 14 A.L.R.2d 224. Entry of final judgment after disagreement of jury, 31 A.L.R.2d 885. Mere rendition, or formal entry or docketing, of judgment as prerequisite to issuance of valid execution thereon, 65 A.L.R.2d 1162. What constitutes "entry of judgment" within meaning of Rule 58 of Federal Rules of Civil Procedure, 10 A.L.R. Fed. 709. Requirement of Rule 58, Federal Rules of Civil Procedure, that every judgment shall be set forth on a separate document, 53 A.L.R. Fed. 595. 49 C.J.S. Judgments §§ 112 to 137, 153.