A. Upon the defendant‘s motion before trial, the district court shall determine the truth of the facts stated in the plaintiff‘s affidavit at a hearing, to be held without delay. If the plaintiff fails to prove the truth of the facts stated, the writ shall be dissolved, the plaintiff shall be ordered to return the property to the defendant and an order shall be entered for the defendant against the plaintiff and his sureties for the attorney’s fees incurred in the dissolution of the writ and for double damages for the use of the property from the time of its delivery to the plaintiff.

Terms Used In New Mexico Statutes 42-8-19

  • 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.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

B. If the writ of replevin is dissolved, the action shall then proceed as if no writ had been issued.

  Previous section
Next section  
 Article 8 Contents