§ 44-1-1 [Who may obtain writ.]
§ 44-1-2 [Detention under judgment or execution; contempt.]
§ 44-1-3 [Application for writ; to whom made; petition; signature;
§ 44-1-4 [Application to officer residing outside district of detention;
§ 44-1-5 [Petition for writ; allegations; exhibits.]
§ 44-1-6 [Form of writ.]
§ 44-1-7 [Defects of form; names of prisoner and custodian.]
§ 44-1-8 [Wrongful refusal of writ; forfeiture.]
§ 44-1-9 [Return; contents; exhibits; signature; verification.]
§ 44-1-10 [Petitioner to be produced; exception.]
§ 44-1-11 [Attachment for disobedience of writ; issuance; to whom directed; proceedings.]
§ 44-1-12 [Attachment against sheriff; place of detention.]
§ 44-1-13 [Precept for production of petitioner by officer executing attachment.]
§ 44-1-14 [Hearing.]
§ 44-1-15 [When petitioner will be discharged.]
§ 44-1-16 [When petitioner will be remanded to custody.]
§ 44-1-17 [Causes for discharge of petitioner in custody under civil process.]
§ 44-1-18 [Legality or justice of judgment or execution.]
§ 44-1-19 [Petitioner legally committed or guilty of offense; release on bail.]
§ 44-1-20 [Decision in other cases.]
§ 44-1-21 [Custody of petitioner pending decision.]
§ 44-1-22 [Notice of hearing.]
§ 44-1-23 [Bail proceedings; authorization of habeas corpus;
§ 44-1-24 [Certiorari to committing magistrate; transcript;
§ 44-1-25 [Pleading by petitioner after return; summary hearing.]
§ 44-1-26 [Procedure when petitioner is sick or infirm.]
§ 44-1-27 [Disobedience of order for discharge; attachment;
§ 44-1-28 [Detention for same offense after discharge on habeas corpus prohibited; when permissible.]
§ 44-1-29 [Concealment or transfer of prisoner to avoid writ;
§ 44-1-30 [Detention officer refusing to furnish copies; forfeiture.]
§ 44-1-31 [When writ returnable; seal.]
§ 44-1-32 [Who may serve writ; tender of fees; bond for costs and restoration of prisoner.]
§ 44-1-33 [Service by delivery to custodian or person to whom writ is directed.]
§ 44-1-34 [Service by posting.]
§ 44-1-35 [Time allowed for making return and producing prisoner.]
§ 44-1-36 [Compelling attendance of prisoner for trial or as witness.]
§ 44-1-37 [Sheriff’s fees for producing prisoner.]
§ 44-1-38 [Federal court proceedings; payment of costs, fees and expenses by state penitentiary.]
lawyer at desk

Ask a litigation question, get an answer ASAP!
Thousands of highly rated, verified litigation lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In New Mexico Statutes > Chapter 44 > Article 1 - Habeas Corpus

  • Allegation: something that someone says happened.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oath: A promise to tell the truth.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • 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.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.