N.M. R. Child. Ct. 10-560

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As amended through May 8, 2024

Rule 10-560 - Subpoena

[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 ______________ , _____ :

(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, 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.