47-8-46. Writ of restitution.
A. Upon petition for restitution filed by the owner if judgment is rendered against the
defendant for restitution of the premises, the court shall declare the forfeiture of the
rental agreement and shall, at the request of the plaintiff or his attorney, issue a writ of
restitution directing the sheriff to restore possession of the premises to the plaintiff on a
specified date not less than three nor more than seven days after entry of judgment.
B. Upon a petition for restitution filed by the resident, if judgment is rendered against
the defendant for restitution of the premises, the court shall, at the request of the plaintiff
or his attorney, issue a writ of restitution directing the sheriff to restore possession of the
premises to the plaintiff within twenty-four hours after entry of judgment.
History: 1953 Comp., § 70-7-46, enacted by Laws 1975, ch. 38, § 46; 1995, ch. 195, §
21.
ANNOTATIONS
The 1995 amendment, effective July 1, 1995, added Subsection A; designated the
existing language as Subsection B, and in that subsection, substituted "Upon a petition
for restitution filed by the resident" for "Trial shall be had on the date or dates set as in
all other cases, and" at the beginning, deleted "declare the forfeiture of the rental
agreement and shall" following "the court shall", substituted "within twenty-four hours"
for "specified date not more than seven days" near the end, and made minor stylistic
changes throughout the subsection.
Restitution not mandatory in back rent actions. — This section does not require that
a court issue a writ of restitution if it renders a money judgment against a tenant based
on causes of action such as back rent. City of Albuquerque v. Brooks, 1992-NMSC-069,
114 N.M. 572, 844 P.2d 822.