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 — Laws 1968, ch. 69, § 69, repealed former 16-3-18, 1953 Comp., relating to return of regular term process at special term.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.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal insurance products you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with access to legal services through a network of provider law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our provider law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your provider law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal insurance products, and access to the LegalFix network of provider law firms are subject to the LegalFix Terms of Service and Privacy Policy.
