New Mexico § 44-1-5 - Petition for writ; allegations; exhibits
Full text of New Mexico New Mexico Statutes Annotated § 44-1-5 — Petition for writ; allegations; exhibits, with citation guidance and answers to common questions.
§ 44-1-5. Petition for writ; allegations; exhibits
The petition shall state in substance: A. that the person in whose behalf the writ is applied for is imprisoned or restrained
of his liberty, the officer or person by whom he is so confined or restrained and
the place where, naming both parties, if their names are known, or describing them
if they are not; B. that such person is not committed or detained by virtue of any process, judgment,
decree or execution, specified in Section 44-1-2 NMSA 1978; C. the cause or pretense of such confinement or restraint, according to the knowledge
or belief of the party verifying the petition; D. if the confinement or restraint is by virtue of any warrant, or order, or process,
a copy thereof shall be annexed, or it shall be averred that by reason of such prisoner
being removed or concealed before application, a demand of such copy could not be
made, or that such demand was made, and the legal fees therefor tendered to the officer
or person having such prisoner in his custody, and that such copy was refused; E. if the imprisonment is alleged to be illegal, the petition shall state in what
the illegality consists.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 44-1-5
What does New Mexico Statutes Annotated § 44-1-5 cover?
Section 44-1-5 ("Petition for writ; allegations; exhibits") 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 § 44-1-5?
A common citation format is "New Mexico Statutes Annotated § 44-1-5" (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 § 44-1-5 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.