Last updated: 4/9/2019
Subpoena {10-560}
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Description
10-560. Subpoena.[For use with Rule 10-143 NMRA]STATE OF NEW MEXICOCOUNTY OF JUDICIAL DISTRICTIN THE CHILDREN222S COURTSTATE OF NEW MEXICO ex rel.CHILDREN, YOUTH AND FAMILIES DEPARTMENTNo. In the Matter of, (a) Child(ren), and Concerning,, Respondent(s).SUBPOENASUBPOENA FOR1[ ]APPEARANCE OF PERSON FOR[ ] STATEMENT [ ] DEPOSITION [ ] (type of hearing) [ ]SUBPOENA FOR DOCUMENTS OR OBJECTS2TO: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 hearingPlace: 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 American LegalNet, Inc. www.FormsWorkFlow.com Place: Date: Time: (a.m.) (p.m.)YOU ARE ALSO COMMANDED to bring with you the following document(s) orobject(s)IF YOU DO NOT COMPLY WITH THIS SUBPOENA you may be held in contempt ofcourt and punished by fine or imprisonment., . Judge, clerk, or attorneyRETURN FOR COMPLETION BY SHERIFF OR DEPUTYI certify that on the day of, , in County, I served this subpoena on by delivering to theperson named a copy of the subpoena, [a witness fee in the amount of $, andmileage in the amount of $].3Deputy sheriffRETURN FOR COMPLETION BY OTHER PERSONMAKING SERVICEI, being duly sworn, on oath say that I am over the age of eighteen (18) years and not aparty to this lawsuit, and that on the day of , , in County, I served this subpoena on by delivering to theperson named a copy of the subpoena, [a witness fee in the amount of $, and mileageas provided by law in the amount of $].3 Person making serviceSUBSCRIBED AND SWORN to before me this day of , (date).Judge, notary, or other officerauthorized to administer oathsTHIS SUBPOENA issued by or at request of: American LegalNet, Inc. www.FormsWorkFlow.com Name of attorney of partyAddressTelephoneCERTIFICATE OF SERVICE BY ATTORNEY4I 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)AttorneySignatureDate of signatureTO BE PRINTED ON EACH SUBPOENA1.A command to produce evidence or to permit inspection may be joined with acommand to appear for a deposition or trial.2.A person commanded to produce and permit inspection and copying of designatedbooks, papers, documents or tangible things need not appear in person at the place of productionor inspection unless commanded to appear for deposition, hearing, or trial.3.Payment of per diem and mileage for subpoenas issued by a children222s courtattorney or an attorney appointed by the court is made pursuant to regulations of theAdministrative Office of the Courts or to policies or procedures of the Children, Youth andFamilies Department. The bracketed language should be deleted if the subpoena is issued by achildren222s court attorney or an attorney appointed by the court.A subpoena by a private party or corporation must be accompanied by the payment of onefull day222s per diem. Mileage must also be tendered at the time of service of the subpoena as American LegalNet, Inc. www.FormsWorkFlow.com provided by the Per Diem and Mileage Act.4.To be completed only if the subpoena is commanding production of documentsand things before trial. If the subpoena is commanding production of documents and thingsbefore trial, it must be served on each party in the manner provided by [Rules 5-103, 5-103.1 or5-103.2] NMRA. If service is by a party, an affidavit of service must be used instead of acertificate of service.[Approved, effective April 1, 2002; 10-405 recompiled and amended as 10-560 by SupremeCourt 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 orfiled on or after December 31, 2016.] American LegalNet, Inc. www.FormsWorkFlow.com