Upon determining that a particular public record is not in the hands of the official custodian of such record and upon forming a reasonable belief that those records or copies of them are in the possession of a private party or parties, the public officer shall send a postage prepaid, certified letter, return receipt requested, to the party believed to be in possession of the records or copies of them, making demand for the production of the record if he has it and if he does not have it, any copy of the record. The letter shall:
A. name with particularity the record, the original or copy of which is believed to be in the possession of the private party;
B. allege that the public record is not in the hands of the official custodian of the record;
C. state the grounds on which the public officer believes that the private party is in possession of the public record or a copy of it; and
D. demand that within thirty days of the receipt of the letter, the recipient shall appear at a time and place stated in the letter, bringing the named public record or if the demand is for a copy, the copy with him.
History: 1953 Comp., § 71-8-4, enacted by Laws 1973, ch. 270, § 4.
Structure New Mexico Statutes
Chapter 14 - Records, Rules, Legal Notices, Oaths
Article 5 - Public Records Recovery
Section 14-5-3 - Recovery authorized.
Section 14-5-4 - Method of recovery.
Section 14-5-5 - Return of public record.
Section 14-5-6 - Refusal to appear and produce document; procedure.
Section 14-5-7 - District court findings and orders.
Section 14-5-8 - Replacement of recovered document.
Section 14-5-9 - Effect of replacement of recovered document.