New Mexico Forms Library
Decision Information
Rule Set 1 - Rules of Civil Procedure for the District Courts - cited by 4,292 documents
Rule Set 3 - Rules of Civil Procedure for the Metropolitan Courts - cited by 700 documents
Decision Content
4‑504. Subpoena.
[For use with Metropolitan Court Rule 3-501.1 NMRA]
STATE OF NEW MEXICO
__________________ COUNTY
METROPOLITAN COURT
_________________________, Plaintiff,
v. No.__________
_________________________, Defendant.
SUBPOENA1
SUBPOENA FOR APPEARANCE OF PERSON FOR A STATEMENT:
TO: ________________________________________________________________
YOU ARE HEREBY COMMANDED TO APPEAR as follows:
Place: ______________________________________________________________
Date: ______________, __________. Time: ____________ (a.m.) (p.m.)
to give a statement in the above case.
______________________________
Judge2 or attorney
USE NOTES
TO BE PRINTED ON EACH SUBPOENA
1. If a person’s attendance is commanded, one full day’s per diem must be tendered with the subpoena.
2. The judge may issue a pro se party a subpoena for a statement only if the subpoena is completed before issuance by the court. See Rules 2-502 and 3-502 NMRA.
3. A copy of the subpoena must be served on each party in the manner provided by Rule 1-005 NMRA. If service is by a party, an affidavit of service must be used instead of a certificate of service.
4. A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose on the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and reasonable attorney fees.
RETURN FOR COMPLETION BY SHERIFF OR DEPUTY3
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, the statutory witness fee, and mileage in the amount of $ ____________.
______________________________
Deputy sheriff
RETURN FOR COMPLETION BY OTHER PERSON
MAKING SERVICE3
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, the statutory witness fee, and mileage in the amount of $ ____________.
______________________________
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 or party
______________________________
Address
______________________________
Telephone
CERTIFICATE OF SERVICE BY ATTORNEY3
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
INFORMATION FOR PERSONS RECEIVING SUBPOENA
On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it
(1) fails to allow reasonable time for compliance,
(2) requires a person who is not a party or an officer of a party to travel outside the county in which the person resides or is employed or regularly transacts business in person, except as provided below, the person may in order to attend a hearing or trial be commanded to travel from any place within the county in which the hearing or trial is held,
(3) requires disclosure of privileged or other protected matter and no exception or waiver applies, or
(4) subjects a person to undue burden.
If a subpoena
(1) requires disclosure of a trade secret or other confidential research, development, or commercial information,
(2) requires disclosure of an unretained expert’s opinion or information not describing specific events or occurrences in dispute and resulting from the expert’s study made not at the request of any party, or
(3) requires a person who is not a party or an officer of a party to incur substantial expense to travel, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions.
DUTIES IN RESPONDING TO SUBPOENA
(1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand.
(2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim.
[Approved, effective May 1, 2002; as amended, effective January 20, 2005; as amended by Supreme Court Order No. 20-8300-005, effective for all cases pending or filed on or after December 31, 2020.]