Rule text
[Section 47-8-46 NMSA 1978] STATE OF NEW MEXICO ______________________________ COURT ______________________________ COUNTY
________________________________________, Plaintiff
v. No. _____________
________________________________________, Defendant
WRIT OF RESTITUTION (Restitution to owner) (Uniform Owner-Resident Relations Act)
THE STATE OF NEW MEXICO to the sheriff or a full-time salaried deputy sheriff of the above county:
Judgment having been entered for the plaintiff(s) in this action, you are ordered to remove the defendant(s) from the premises at __________________ and to restore possession of the premises to plaintiff(s) on or after __________________ (date).
You are ordered to return this writ to this court immediately after its execution.
___________________________________ Judge or Designee
RETURN ON WRIT OF RESTITUTION
I certify that I carried out this writ of restitution by removing the defendant(s) from the premises and restoring possession of the premises to the plaintiff(s) on __________________, ________ (date).
Date of return: __________________ Sheriff of __________________________ County, State of New Mexico By _______________________________ Sheriff or deputy sheriff
[Rule 4-913 SCRA 1986; as amended, effective September 2, 1997; April 6, 1998; as amended by Supreme Court Order No. 13-8300-027, effective for all cases pending or filed on or after December 31, 2013.]
Notes
ANNOTATIONS The 2013 amendment, approved by Supreme Court Order No. 13-8300-027, effective December 31, 2013, made stylistic changes; and in the Writ of Restitution, deleted the date line next to the signature line for the judge.
The 1998 amendment, effective April 6, 1998, substituted "after" for "before" in the language of the restitution to owner, and deleted the Use Notes.
The 1997 amendment, effective September 2, 1997, deleted "and writ of execution" from the heading, inserted "(Restitution to owner)" following the heading, deleted language directing the sheriff to execute the writ, deleted "and execution" following "restitution" in the return heading and deleted language relating to the return of the execution, added Use Note 1 and designated the existing use note as Use Note 2, and made stylistic changes throughout.