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New Mexico · Through 2024-04-27

42-8-16: Form of affidavit.

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Where this section sits in the code
  1. Chapter 42 - Actions and Proceedings Relating to Property
  2. ARTICLE 8 Replevin

Affidavits for writs of replevin shall be in substantially the following form:

"STATE OF NEW MEXICO

COUNTY OF ____________________________

(Name), Plaintiff ) )

v. ) CIVIL DOCKET NO. ________

(Name), Defendant ) )

AFFIDAVIT IN REPLEVIN

I, (plaintiff or attorney), being duly sworn, state that (plaintiff) is lawfully entitled to the possession of (property); that the same was wrongfully taken or wrongfully detained by (defendant); that (plaintiff) has reason to believe that (defendant) may conceal, dispose of, or waste the property or the revenues therefrom, or remove the property from the jurisdiction during the pendency of the action; that the right of action originated within one year; and that the following facts, from which it clearly appears that the above allegations are justified, are true:

Sworn _________________________ PLAINTIFF

Approved:

_________________________________ DISTRICT COURT JUDGE."

Collected 2026-09-03T15:02:19Z. Source file · JSON

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