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Section 44-1-6 - [Form of writ — New Mexico Law | CourtGPT
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New Mexico Legal Code

Section 44-1-6 - [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. ANNOTATIONSMeaning 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.