N.M. Stat. » Chapter 44 — Miscellaneous Civil Law Matters
New Mexico Statutes

N.M. Stat. § 44-1-6 (2026)

[Form of writ.]

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Every writ of habeas corpus issued under the provisions of this chapter shall be substantially in the following form:

The state of New Mexico to the sheriff of, etc., or to A.B.:

You are hereby commanded to have the body of C.D., by you imprisoned and detained, as it is said, together with the time and cause of such imprisonment and detention, by whatever name the said C.D. shall be called or charged, before E.F., judge of the district court, as etc. (or immediately after the receipt of this writ), to do, and receive what shall then and there be considered concerning the said C.D., and have you then and there this writ.

Witness, etc.

History: Laws 1884, ch. 1, § 6; C.L. 1884, § 2017; C.L. 1897, § 2786; Code 1915, § 2594; C.S. 1929, § 63-106; 1941 Comp., § 25-1106; 1953 Comp., § 22-11-6. ANNOTATIONS

Meaning of "this chapter". — See same catchline in notes to 44-1-1 NMSA 1978.

Law reviews. — For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 39 Am. Jur. 2d Habeas Corpus § 132.

39A C.J.S. Habeas Corpus § 176.

Notes of Decisions
Cited in 2 cases, 1957–2013 · leading case: Hunt v. Cent. Consol. Sch. Dist., 951 F. Supp. 2d 1136 (D.N.M. 2013).
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Hunt v. Cent. Consol. Sch. Dist., 951 F. Supp. 2d 1136 (D.N.M. 2013). “Although the Plaintiffs allege in paragraph 99 that the “CCSD’s retention of the individual defendants and its failure to act to train, investigate, and supervise them affirmatively and proximately cause each Plaintiff physical and emotional injury,” because there are no other…”
In re Reilly's Est., 319 P.2d 1069 (N.M. 1957). “§ 44-1-6, N.M.S.A. 1953 Compilation. We hold therefore that common carriers by air are included along with other common carriers within the term "other public conveyance" contained in § 22-20-4.”
N.M. Stat. § 44-1-6(A): 1 case
Hunt v. Cent. Consol. Sch. Dist., 951 F. Supp. 2d 1136 (D.N.M. 2013). “Although the Plaintiffs allege in paragraph 99 that the “CCSD’s retention of the individual defendants and its failure to act to train, investigate, and supervise them affirmatively and proximately cause each Plaintiff physical and emotional injury,” because there are no other…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.