New Mexico Statutes Chapter 44. Miscellaneous Civil Law Matters § 44-1-4. Application to officer residing outside district of detention; jurisdictional proof required

Whenever application for any such writ is made to any officer not residing within the district where the prisoner is detained, he shall require proof by oath of the party applying, or by other sufficient evidence, that there is no officer in such district authorized to grant the writ; or if there is one, that he is absent or has refused to grant such writ; or for some cause, to be specially set forth, is incapable of acting, and if such proof is not produced, the application shall be denied.