In criminal cases, notice of the time and place at which the writ is made returnable shall be given to the district attorney, if he is within the county; in other cases like notice shall be given to any person interested in continuing the custody or restraint of the party seeking the aid of said writ.
History: Laws 1884, ch. 1, § 22; C.L. 1884, § 2033; C.L. 1897, § 2802; Code 1915, § 2610; C.S. 1929, § 63-122; 1941 Comp., § 25-1122; 1953 Comp., § 22-11-22.
Law reviews. — For article, "Habeas Corpus in New Mexico," see 11 N.M.L. Rev. 291 (1981).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 39A C.J.S. Habeas Corpus § 166.
Structure 2021 New Mexico Statutes
Chapter 44 - Miscellaneous Civil Law Matters
Section 44-1-1 - [Who may obtain writ.]
Section 44-1-2 - [Detention under judgment or execution; contempt.]
Section 44-1-3 - [Application for writ; to whom made; petition; signature; verification.]
Section 44-1-5 - [Petition for writ; allegations; exhibits.]
Section 44-1-6 - [Form of writ.]
Section 44-1-7 - [Defects of form; names of prisoner and custodian.]
Section 44-1-8 - [Wrongful refusal of writ; forfeiture.]
Section 44-1-9 - [Return; contents; exhibits; signature; verification.]
Section 44-1-10 - [Petitioner to be produced; exception.]
Section 44-1-11 - [Attachment for disobedience of writ; issuance; to whom directed; proceedings.]
Section 44-1-12 - [Attachment against sheriff; place of detention.]
Section 44-1-13 - [Precept for production of petitioner by officer executing attachment.]
Section 44-1-15 - [When petitioner will be discharged.]
Section 44-1-16 - [When petitioner will be remanded to custody.]
Section 44-1-17 - [Causes for discharge of petitioner in custody under civil process.]
Section 44-1-18 - [Legality or justice of judgment or execution.]
Section 44-1-19 - [Petitioner legally committed or guilty of offense; release on bail.]
Section 44-1-20 - [Decision in other cases.]
Section 44-1-21 - [Custody of petitioner pending decision.]
Section 44-1-22 - [Notice of hearing.]
Section 44-1-25 - [Pleading by petitioner after return; summary hearing.]
Section 44-1-26 - [Procedure when petitioner is sick or infirm.]
Section 44-1-27 - [Disobedience of order for discharge; attachment; damages recoverable.]
Section 44-1-29 - [Concealment or transfer of prisoner to avoid writ; forfeiture.]
Section 44-1-30 - [Detention officer refusing to furnish copies; forfeiture.]
Section 44-1-31 - [When writ returnable; seal.]
Section 44-1-32 - [Who may serve writ; tender of fees; bond for costs and restoration of prisoner.]
Section 44-1-33 - [Service by delivery to custodian or person to whom writ is directed.]
Section 44-1-34 - [Service by posting.]
Section 44-1-35 - [Time allowed for making return and producing prisoner.]
Section 44-1-36 - [Compelling attendance of prisoner for trial or as witness.]