Rule 1-061.Harmless error
Last verified June 26, 2026
In one sentenceRule 1-061 provides that an error is not grounds to disturb a judgment unless refusing to act would be inconsistent with substantial justice.
Full Text of Rule 1-061
No error or defect in any ruling or order or in anything done or omitted by the court or
by any of the parties is ground 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
such action appears to the court inconsistent with substantial justice. The court at every
stage of the proceeding must disregard any error or defect in the proceeding which
does not affect the substantial rights of the parties.
End
Plain-English Summary
This rule keeps minor errors from undoing results. No error or defect in any ruling, or in anything done or omitted by the court or the parties, is grounds for a new trial or for setting aside a verdict or disturbing a judgment unless refusing to act would be inconsistent with substantial justice. At every stage the court must disregard any error or defect that does not affect the parties’ substantial rights.
Frequently Asked Questions
When does an error justify setting aside a judgment?
Only when refusing to act would be inconsistent with substantial justice. Errors that do not affect the parties’ substantial rights must be disregarded.
Source & verification. Rule text and Committee commentary reproduced verbatim from the
New Mexico Rules of Civil Procedure for the District Courts (Rule 1-061 NMRA), published by the New Mexico Compilation Commission (NMOneSource).
Promulgated by the Supreme Court of New Mexico. The plain-English summary is original and draws on the official annotations. Last verified June 26, 2026. ·
Official source
Also known as: harmless errorsubstantial justicesubstantial rights