Section 14-5-1 – Short title.

This act [14-5-1 to 14-5-10 NMSA 1978] may be cited as the “Public Records Recovery Act”. History: 1953 Comp., § 71-8-1, enacted by Laws 1973, ch. 270, § 1.

Section 14-5-10 – Alternative method.

The remedies provided in this act [14-5-1 to 14-5-10 NMSA 1978] are in addition to and not in lieu of any remedies contained in Section 14-3-16 NMSA 1978 or any other statute relating to the recovery of public records. History: 1953 Comp., § 71-8-10, enacted by Laws 1973, ch. 270, § 10.

Section 14-5-2 – Definitions.

As used in the Public Records Recovery Act: A. “public officer” means any officer or employee of the legislative, executive or judicial departments of the state or any of its agencies, and any officer or employee of any of the political subdivisions of the state, who is the official custodian of any public record or […]

Section 14-5-3 – Recovery authorized.

Any public officer is authorized to recover public records and to duplicate copies of them in the possession of any private party. History: 1953 Comp., § 71-8-3, enacted by Laws 1973, ch. 270, § 3.

Section 14-5-4 – Method of recovery.

Upon determining that a particular public record is not in the hands of the official custodian of such record and upon forming a reasonable belief that those records or copies of them are in the possession of a private party or parties, the public officer shall send a postage prepaid, certified letter, return receipt requested, […]

Section 14-5-5 – Return of public record.

If the recipient of the public officer’s letter complies with the demand and produces the document or documents, the public officer: A. shall determine if the document produced is a missing record or a copy of a missing record; and B. then shall duplicate the document and return the private party’s document to him if […]

Section 14-5-6 – Refusal to appear and produce document; procedure.

If within thirty days of the receipt of the letter, the recipient fails to appear or fails to produce the requested document or documents without showing cause, the public officer making the demand shall apply to the district court in the judicial district where the documents are allegedly located for an order compelling production of […]

Section 14-5-7 – District court findings and orders.

If the district court finds that the petition of the public officer is true and that the named document or documents are in the possession of the named party or parties, the court shall order that the document or documents be turned over for recovery or duplication as required in Subsection B [D] of Section […]

Section 14-5-8 – Replacement of recovered document.

Records recovered by any public officer or duplicated by the public officer pursuant to the Public Records Recovery Act shall immediately be returned to the official custodian entitled to possession of the record. Prior to replacing the recovered documents, the public officer shall attach a certificate to each of them in a manner that it […]

Section 14-5-9 – Effect of replacement of recovered document.

Nothing in the Public Records Recovery Act shall be construed to enlarge the rights of a person claiming an interest in real property under a document recovered under the terms of that act, or to make any conclusive presumptions as to the authenticity of the recovered documents. History: 1953 Comp., § 71-8-9, enacted by Laws […]