Subpoena (For Appearance Of Person For Deposition Or Trial) {4-505}

4-505. Subpoena. [For use with Rule 1-045 NMRA in the District Court] STATE OF NEW MEXICO COUNTY OF ________________________ _______________ JUDICIAL DISTRICT _____________________________, Plaintiff v. _____________________________, Defendant SUBPOENA1 SUBPOENA FOR APPEARANCE OF PERSON FOR2 [ ] DEPOSITION [ ] TRIAL TO: _____________________________________________________ No. _________ 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. YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s) _____________________________________________________________________ __________________________________________________________________. American LegalNet, Inc. www.FormsWorkFlow.com 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, the statutory witness fee and mileage in the amount of $___________3. 2 American LegalNet, Inc. www.FormsWorkFlow.com ___________________________________ 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 ATTORNEY 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 _________________, __________. ____________________________________ Attorney ____________________________________ Signature ____________________________________ 3 American LegalNet, Inc. www.FormsWorkFlow.com Date of signature TO BE PRINTED ON EACH SUBPOENA 1. This 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. 2. A command to produce evidence or to permit inspection may be joined with a command to appear for a deposition or trial. 3. If a person's attendance is commanded, one full day's per diem must be tendered with the subpoena, unless the subpoena is issued on behalf of the state or an officer or agency thereof. See Section 38-6-4 NMSA 1978 for per diem and mileage for witnesses. See Paragraph A of Section 10-8-4 NMSA 1978 for per diem and mileage rates for nonsalaried public officers. Mileage must also be tendered at the time of service of the subpoena as provided by the Per Diem and Mileage Act. Payment of per diem and mileage for subpoenas issued by the state is made pursuant to regulations of the Administrative Office of the Courts. See Section 34-9-11 NMSA 1978 for payments from the jury and witness fee fund. PROTECTION OF PERSONS SUBJECT TO SUBPOENAS A party or an attorney responsible for the issuance and service of a subpoena shall take 4 American LegalNet, Inc. www.FormsWorkFlow.com 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. 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 or within fourteen (14) days after service of the subpoena may file a motion to quash the subpoena and serve the motion on all parties to the action. If an objection is served or a motion to quash is filed and served on the parties, 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: 5 American LegalNet, Inc. www.FormsWorkFlow.com (1) (2) fails to allow reasonable time for compliance, 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) If a subpoena: (1) subjects a person to undue burden. requires disclosure of a trade secret or other confidential research, development, or commercial informati