[For use with Rule 10-143 NMRA]
STATE OF NEW MEXICO
COUNTY OF _______________
__________________ JUDICIAL DISTRICT
IN THE CHILDREN'S COURT
STATE OF NEW MEXICO ex rel.
CHILDREN, YOUTH AND FAMILIES DEPARTMENT
No. __________
In the Matter of
_______________________________ , (a) Child(ren), and Concerning
_______________________________ , Respondent(s).
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 ______________ , _____ :
(Name of party)
________________________________________________
(Address)
(Name of party)
________________________________________________
(Address)
________________________________
Attorney
________________________________
Signature
________________________________
Date of signature
TO BE PRINTED ON EACH SUBPOENA
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.
[Approved, effective April 1, 2002; 10-405 recompiled and amended as 10-560 by Supreme Court Order No. 14-8300-009, effective for all cases filed or pending on or after December 31, 2014; as amended by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016.]
N.M. R. Child. Ct. 10-560
ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after December 31, 2016, in the first section, under the caption "SUBPOENA", after "[ ] DEPOSITION", deleted "[ ] ADJUDICATORY HEARING" and added " ________ (type of hearing)", and after the second occurrence of "appear to testify at", deleted "trial" and added "a hearing"; in the fifth section, under the caption "TO BE PRINTED ON EACH SUBPOENA", in item 3, after "subpoenas issued by", deleted "the district attorney, attorney general, public defender" and added "a children's court attorney", after "appointed by the court", deleted "district attorney, attorney general or public defender", after "Office of the Courts", added "or to policies or procedures of the Children, Youth and Families Department", and after "subpoena is issued by", deleted "the state or the public defender" and added "a children's court attorney or an attorney appointed by the court". The 2014 amendment, approved by Supreme Court Order No. 14-8300-009, effective December 31, 2014, changed the caption of the case. Recompilations. - Pursuant to Supreme Court Order No. 14-8300-009, former Form 10-405 NMRA was recompiled and amended as Form 10-560 NMRA, effective December 31, 2014.