New Mexico § 44-1-24 [Certiorari to committing magistrate; transcript;

New Mexico Statutes

§ 44-1-24 — [Certiorari to committing magistrate; transcript;

New Mexico § 44-1-24

Ch. 44Miscellaneous Civil Law Matters

Art. 1Habeas Corpus

This text of New Mexico § 44-1-24 ([Certiorari to committing magistrate; transcript;) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 44-1-24 (2026).

Text

examination of case de novo; decision.] When an application is made before any authority authorized by law to issue such writs of habeas corpus it shall be the duty of such officers to issue a writ of certiorari commanding the committing magistrate forthwith to send to said officers a full and complete transcript of all his proceedings had thereof, and the said officer upon the return of such writ shall proceed to examine the case de novo and either commit to jail, discharge or recognize such person to appear before the district court as the case may require.

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examination of case de novo; decision.] When an application is made before any authority authorized by law to issue such writs of habeas corpus it shall be the duty of such officers to issue a writ of certiorari commanding the committing magistrate forthwith to send to said officers a full and complete transcript of all his proceedings had thereof, and the said officer upon the return of such writ shall proceed to examine the case de novo and either commit to jail, discharge or recognize such person to appear before the district court as the case may require.