If the petition for the writ is filed in any federal court, all the reasonably necessary costs, fees and expenses incurred or paid by the respondent shall be paid by the penitentiary of New Mexico. The budget of the penitentiary shall include an item for the anticipated expenses of habeas corpus proceedings. If budgeted funds shall not be sufficient to pay the costs and expenses that will arise, an emergency allowance from the state court fund shall be allowed upon application of the warden of the penitentiary to the state board of finance.
§ 44-1-38 NMSA 1978
[Federal court proceedings; payment of costs, fees and expenses by state penitentiary.]
Known as the Uniform Unsworn Foreign Declarations Act
The act spans §§ 44–44 (147 sections).
1953 Comp., § 22-11-41, enacted by Laws 1963, ch. 178, § 4.
Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.