2018 New Mexico Statutes
Chapter 34 - Court Structure and Administration
Article 6 - District Courts
Section 34-6-31 - Operation; nunc pro tunc entries.
Whenever determined to be in the interest of justice, the district court may order any matter to be performed nunc pro tunc.
History: 1953 Comp., § 16-3-18, enacted by Laws 1968, ch. 69, § 32.
Repeals and reenactments. — Laws 1968, ch. 69, § 69, repealed former 16-3-18, 1953 Comp., relating to return of regular term process at special term.
When power may be exercised. — Former statute permitting nunc pro tunc entries to be made whenever the ends of justice might require it was not confined to civil cases, and the period in which this power could be successfully invoked was not limited to the term when the transaction occurred. Borrego v. Territory, 1896-NMSC-011, 8 N.M. 446, 46 P. 349.
No act should be done nunc pro tunc which would work injustice to a party in court. Waldo v. Beckwith, 1854-NMSC-002, 1 N.M. 97; Secou v. Leroux, 1866-NMSC-005, 1 N.M. 388.
Nunc pro tunc order as to time of filing pleading. — A nunc pro tunc order, reciting that the declaration was left with the clerk and the advance fee had been paid as required by law, where no averment to the contrary appears in the petition, could be made whether such declaration was marked "filed" or not, for the court had jurisdiction in its discretion to make such order, guided by the justice of the case. In re Lewisohn, 1897-NMSC-001, 9 N.M. 101, 49 P. 909.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 21 C.J.S. Courts § 180.
