New Mexico Forms Library

9-217.  Subpoena.

[For use with District Court Rule 5-511 NMRA]

 

STATE OF NEW MEXICO

__________________ COUNTY

__________________ JUDICIAL DISTRICT

                                                                                                                        No. ___________

STATE OF NEW MEXICO

 

v.

 

________________________________, Defendant

 

SUBPOENA

SUBPOENA FOR¹

[ ]         APPEARANCE OF PERSON FOR

            [ ]  STATEMENT  [ ]  DEPOSITION  [ ]  TRIAL

[ ]         SUBPOENA FOR DOCUMENTS OR OBJECTS²

[ ]         INSPECTION OF PREMISES²

TO: __________________________________________________________________

YOU ARE HEREBY COMMANDED TO APPEAR as follows:

PLACE: _______________________________________________________________

DATE: ______________, __________ TIME: ____________ [a.m.] [p.m.]

to:

[ ]         testify at the taking of a deposition in the above case

[ ]         testify at trial

[ ]         permit inspection of the following described documents or objects____________

______________________________________________________________________

______________________________________________________________________

[ ]         permit the inspection of the premises located at:

______________________________________________________________________

(address)

[ ]         give a statement.

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, or inspection of premises 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 the district attorney, attorney general, public defender or an attorney appointed by the court, district attorney, attorney general or public defender is made pursuant to regulations of the Administrative Office of the Courts. The bracketed language should be deleted if the subpoena is issued by the state or the public defender.

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 or inspection of premises before trial. If the subpoena is commanding production of documents and things or inspection of premises before trial, it must be served on each party in the manner provided by Rule 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.

 

PROTECTION OF PERSONS SUBJECT TO SUBPOENAS

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 upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney's fee.

 

A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial.

 

Subject to Subparagraph (2) of Paragraph D below, a person commanded to produce and permit inspection and copying may, within fourteen (14) days after service of the subpoena or before the time specified for compliance if such time is less than fourteen (14) days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded.

 

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 to a place more than one hundred miles from the place where that person resides, is employed or regularly transacts business in person, except as provided below, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held, or

(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, or

(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 15, 2000.]