New Mexico Statutes

§ 44-1-38 — [Federal court proceedings; payment of costs, fees and

New Mexico § 44-1-38
JurisdictionNew Mexico
Ch. 44Miscellaneous Civil Law Matters
Art. 1Habeas Corpus

This text of New Mexico § 44-1-38 ([Federal court proceedings; payment of costs, fees and) 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. § 44-1-38 (2026).

Text

expenses by state penitentiary.] If the petition for the writ is filed in any federal court, all the reasonably necessary costs, fees and expenses incurred or paid by the respondent shall be paid by the penitentiary of New Mexico. The budget of the penitentiary shall include an item for the anticipated expenses of habeas corpus proceedings. If budgeted funds shall not be sufficient to pay the costs and expenses that will arise, an emergency allowance from the state court fund shall be allowed upon application of the warden of the penitentiary to the state board of finance.

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Legislative History

1953 Comp., § 22-11-41, enacted by Laws 1963, ch. 178, § 4.

Nearby Sections

15
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Bluebook (online)
New Mexico § 44-1-38, Counsel Stack Legal Research, https://law.counselstack.com/statute/nm/44/44-1-38.