New Mexico Forms Library
Decision Information
Rule Set 10 - Children's Court Rules and Forms - cited by 508 documents
Rule Set 5 - Rules of Criminal Procedure for the District Courts - cited by 2,154 documents
Decision Content
10-721. Subpoena.
[For use with Rule 10-143 NMRA]
STATE OF NEW MEXICO
COUNTY OF ____________________
______________ JUDICIAL DISTRICT
IN THE CHILDREN’S COURT
In the Matter of _____________, a Child. No. __________
SUBPOENA
SUBPOENA FOR1
[ ] APPEARANCE OF PERSON FOR
[ ] STATEMENT
[ ] DEPOSITION
[ ] ____________________ (type of hearing)
[ ] SUBPOENA FOR DOCUMENTS OR OBJECTS2
TO: ________________________________________________________________
YOU ARE HEREBY COMMANDED TO:
[ ] appear to testify at the taking of a deposition in the above case:
Place: ________________________________
Date: ___________________ Time: ________ (a.m.) (p.m.)
[ ] appear to testify at a hearing
Place: ________________________________
Date: ___________________ Time: ________ (a.m.) (p.m.)
[ ] permit inspection of the following described documents or objects ________________________________________________________________
________________________________________________________________
Place: ________________________________
Date: ___________________ Time: ________ (a.m.) (p.m.).
[ ] appear to give a statement
Place: ________________________________
Date: ___________________ Time: ________ (a.m.) (p.m.)
YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s)
______________________________________________________________________
______________________________________________________________________
IF YOU DO NOT COMPLY WITH THIS SUBPOENA you may be held in contempt of court and punished by fine or imprisonment. __________________________, _____.
____________________________________
Judge, clerk or attorney
RETURN FOR COMPLETION BY SHERIFF OR DEPUTY
I certify that on the _____ day of______________, ______, in __________________ County, I served this subpoena on _______________________ by delivering to the person named a copy of the subpoena[, a witness fee in the amount of $ ___________, and mileage in the amount of $ ___________].3
____________________________________
Deputy sheriff
RETURN FOR COMPLETION BY OTHER PERSON
MAKING SERVICE
I, being duly sworn, on oath say that I am over the age of eighteen (18) years and not a party to this lawsuit, and that on the _____ day of _____________________, ______, in ________________ County, I served this subpoena on ________________ by delivering to the person named a copy of the subpoena[, a witness fee in the amount of $ __________, and mileage as provided by law in the amount of $ ___________].3
____________________________________
Person making service
SUBSCRIBED AND SWORN to before me this ____ day of _______________, ______ (date).
____________________________________
Judge, notary or other officer
authorized to administer oaths
THIS SUBPOENA issued by or at request of:
________________________________
Name of attorney of party
________________________________
Address
________________________________
Telephone
CERTIFICATE OF SERVICE BY ATTORNEY4
I certify that I caused a copy of this subpoena to be served on the following persons or entities by (delivery) (mail) on this ____ day of ______________, _____:
(1) __________________________________________
(Name of party)
__________________________________________
(Address)
(2) __________________________________________
(Name of party)
__________________________________________
(Address)
____________________________
Attorney
____________________________
Signature
____________________________
Date of signature
TO BE PRINTED ON EACH SUBPOENA
1. A command to produce evidence or to permit inspection may be joined with a command to appear for a deposition or trial.
2. A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing, or trial.
3. Payment of per diem and mileage for subpoenas issued by a children’s court attorney or an attorney appointed by the court is made pursuant to regulations of the Administrative Office of the Courts or to policies or procedures of the Children, Youth and Families Department. The bracketed language should be deleted if the subpoena is issued by a children’s court attorney or an attorney appointed by the court.
A subpoena by a private party or corporation must be accompanied by the payment of one full day’s per diem. Mileage must also be tendered at the time of service of the subpoena as provided by the Per Diem and Mileage Act.
4. To be completed only if the subpoena is commanding production of documents and things before trial. If the subpoena is commanding production of documents and things before trial, it must be served on each party in the manner provided by Rules 5-103, 5-103.1 or 5-103.2 NMRA. If service is by a party, an affidavit of service must be used instead of a certificate of service.
[Approved by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016.]