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."
History: 1953 Comp., § 22-17-17.1, enacted by Laws 1975, ch. 249, § 4.
Cross references. — For suit on bond, see 46-6-7 NMSA 1978.
For replevin bond for trespassing animals in irrigation district, see 77-14-14 NMSA 1978.
Affidavit in replevin in substantial compliance with statute is sufficient, and where the form prescribed does not state the value of the property, and the statute does not require the value to be stated, an affidavit is not defective because it fails to set forth the value. Trujillo v. Tucker, 1918-NMSC-044, 24 N.M. 339, 171 P. 788 (decided under former law).
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