New Mexico Statutes 42-8-16. Form of affidavit
Affidavits for writs of replevin shall be in substantially the following form: “STATE OF NEW MEXICO COUNTY OF (Name), Plaintiff ) ) v. ) CIVIL DOCKET NO.
Terms Used In New Mexico Statutes 42-8-16
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Docket: A log containing brief entries of court proceedings.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
) (Name), Defendant ) AFFIDAVIT IN REPLEVIN I, (plaintiff or attorney), being duly sworn, state that (plaintiff) is lawfully entitled to the possession of (property); that the same was wrongfully taken or wrongfully detained by (defendant); that (plaintiff) has reason to believe that (defendant) may conceal, dispose of, or waste the property or the revenues therefrom, or remove the property from the jurisdiction during the pendency of the action; that the right of action originated within one year; and that the following facts, from which it clearly appears that the above allegations are justified, are true:
Approved:
Sworn PLAINTIFF DISTRICT COURT JUDGE.”