Subpoena For Production Or Inspection {4-505A}

4-505A. Subpoena for production or inspection. [District Court Civil Rule 1-045 NMRA] STATE OF NEW MEXICO COUNTY OF __________________ __________________ JUDICIAL DISTRICT ________________________________________ , Plaintiff v. ________________________________________ , Defendant SUBPOENA FOR PRODUCTION OR INSPECTION1 SUBPOENA FOR [] DOCUMENTS OR OBJECTS2 [] INSPECTION OF PREMISES2 TO: YOU ARE HEREBY COMMANDED ON: DATE: __________________ , ____________ TIME: ____________ (a.m.) (p.m.) TO: [ ] permit inspection of the following described books, papers, documents or tangible things: __________________________________________________________________ __________________________________________________________________ at _______________________________________________________ (address). [] permit the inspection of the premises located at: _________________________________________________________(address). ABSENT A COURT ORDER, DO NOT RESPOND TO THIS SUBPOENA UNTIL THE EXPIRATION OF FOURTEEN (14) DAYS AFTER THE DATE OF SERVICE OF THE SUBPOENA. DO NOT RESPOND TO THIS SUBPOENA FOR PRODUCTION OR INSPECTION IF YOU ARE SERVED WITH WRITTEN OBJECTIONS OR A MOTION TO QUASH UNTIL YOU RECEIVE A COURT ORDER REQUIRING A RESPONSE. You may comply with this subpoena for production or inspection by providing legible copies of the items requested to be produced by mail or delivery to the attorney whose name appears on this subpoena. You may condition the preparation of the copies upon the payment in advance of the reasonable cost of inspection and copying. You have the right to object to the production pursuant to this subpoena as provided below. READ THE SECTION "DUTIES IN RESPONDING TO SUBPOENA". IF YOU DO NOT COMPLY WITH THIS SUBPOENA you may be held in contempt of court and punished by fine or imprisonment. ________________________________________ , __________ . No.____________ _________________________________________ Judge, clerk or attorney American LegalNet, Inc. www.FormsWorkFlow.com 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 and a fee of $______________ (insert the amount of fee tendered or, if no fee is tendered, "none")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 and a fee of $______________ (insert the amount of fee tendered or, if no fee is tendered, "none")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 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 ______________, __________. (1) ________________________________________ (Name of party) ________________________________________ (Address) American LegalNet, Inc. www.FormsWorkFlow.com (2) ________________________________________ (Name of party) ________________________________________ (Address) _________________________________________ Attorney _________________________________________ Signature _________________________________________ Date of signature TO BE PRINTED ON EACH SUBPOENA 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. 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. 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. Mileage must also be tendered at the time of service of the subpoena as provided by the Per Diem and Mileage Act. 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. 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. 1. 2. 3. 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 American LegalNet, Inc. www.FormsWorkFlow.com 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 t