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NEW MEXICO STATUTES AND CODES

Section 42-8-16 - Form of affidavit.

42-8-16. Form of affidavit.     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".   

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