New Mexico § 44-1-7 - Defects of form; names of prisoner and custodian
Full text of New Mexico New Mexico Statutes Annotated § 44-1-7 — Defects of form; names of prisoner and custodian, with citation guidance and answers to common questions.
§ 44-1-7. Defects of form; names of prisoner and custodian
Such writ of habeas corpus shall not be disobeyed for any defect of form. It is sufficient: A. if the person having the custody of the prisoner is designated either by his name
or office, if he has any, or by his own name, or if both such names are unknown or
uncertain, he may be described by any assumed appellation, and anyone who may be served
with the writ, shall be deemed to be the person to whom it is directed, although it
is directed to him by a wrong name or description, or to another person; B. if the person who is directed to be produced is designated by name, or if his name
is uncertain or unknown, he may be described in any other way so as to designate the
person intended.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 44-1-7
What does New Mexico Statutes Annotated § 44-1-7 cover?
Section 44-1-7 ("Defects of form; names of prisoner and custodian") 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 § 44-1-7?
A common citation format is "New Mexico Statutes Annotated § 44-1-7" (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 § 44-1-7 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.