If within thirty days of the receipt of the letter, the recipient fails to appear or fails to produce the requested document or documents without showing cause, the public officer making the demand shall apply to the district court in the judicial district where the documents are allegedly located for an order compelling production of the documents for recovery or copying as provided above.
A. The application shall:
(1) name with particularity the record, the original or copy of which is believed to be in the possession of the third party;
(2) allege that the public record is not in the hands of the official custodian of the record;
(3) state the grounds upon which the public officer believes that the private party is in possession of the public record or copies of it; and
(4) state, by affidavit or otherwise, that due demand as required by the Public Records Recovery Act has been made and that the private party or parties have either failed or refused to produce the document or documents.
B. The application shall be docketed in the district court as a civil proceeding and shall proceed as a civil suit under the rules of civil procedure of the district courts.
History: 1953 Comp., § 71-8-6, enacted by Laws 1973, ch. 270, § 6.
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.