New Mexico § 44-1-26 - Procedure when petitioner is sick or infirm
Full text of New Mexico New Mexico Statutes Annotated § 44-1-26 — Procedure when petitioner is sick or infirm, with citation guidance and answers to common questions.
§ 44-1-26. Procedure when petitioner is sick or infirm
Whenever from the sickness or infirmity of the person directed to be produced by any
writ of habeas corpus such person cannot, without danger, be brought before the officer
before whom the suit is made returnable, the party in whose custody he is may state
the fact in his return to the writ, verifying the same by his oath; and if such officer
is satisfied of the truth of such allegation and the return is otherwise sufficient,
he shall proceed to decide upon such return and to dispose of the matter; and if
it appears that the person detained is illegally imprisoned, confined or restrained
of his liberty, the officer shall order those having such person in their custody
to discharge him forthwith; and if it appears that such person is legally detained,
imprisoned and confined, and is not entitled to be bailed, such officer shall dismiss
the proceedings.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 44-1-26
What does New Mexico Statutes Annotated § 44-1-26 cover?
Section 44-1-26 ("Procedure when petitioner is sick or infirm") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 44-1-26?
A common citation format is "New Mexico Statutes Annotated § 44-1-26" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 44-1-26 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.