New Mexico Statutes 44-1-4. [Application to officer residing outside district of detention;
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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.
Terms Used In New Mexico Statutes 44-1-4
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.