New Mexico § 44-1-4 [Application to officer residing outside district of detention;

New Mexico Statutes

§ 44-1-4 — [Application to officer residing outside district of detention;

New Mexico § 44-1-4

Ch. 44Miscellaneous Civil Law Matters

Art. 1Habeas Corpus

This text of New Mexico § 44-1-4 ([Application to officer residing outside district of detention;) 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. § 44-1-4 (2026).

Text

jurisdictional proof required.] Whenever application for any such writ is made to any officer not residing within the district where the prisoner is detained, he shall require proof by oath of the party applying, or by other sufficient evidence, that there is no officer in such district authorized to grant the writ; or if there is one, that he is absent or has refused to grant such writ; or for some cause, to be specially set forth, is incapable of acting, and if such proof is not produced, the application shall be denied.

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jurisdictional proof required.] Whenever application for any such writ is made to any officer not residing within the district where the prisoner is detained, he shall require proof by oath of the party applying, or by other sufficient evidence, that there is no officer in such district authorized to grant the writ; or if there is one, that he is absent or has refused to grant such writ; or for some cause, to be specially set forth, is incapable of acting, and if such proof is not produced, the application shall be denied.