Last updated: 5/24/2022
Order For Free Process {4-223}
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Description
4-223. Order for free process.[For use with Supreme Court General Rule 23-114 NMRA] STATE OF NEW MEXICOCOUNTY OF COURT, Petitioner,v.No. , Respondent.ORDER ON APPLICATION FOR FREE PROCESSTHIS MATTER having come before the court on Petitioner's application for freeprocess and affidavit of indigency, or upon Petitioner222s attorney222s certificate supportingindigency and free process pursuant to Rule 23-114(B)(2) NMRA, and the court being otherwiseadvised in the premises, FINDS that:[ ]the applicant is entitled to free process in accordance with Rule 23-114(B)(2)NMRA.[ ]the applicant receives public assistance and is, therefore, entitled to free process.[ ]the applicant222s annual gross income does not exceed ofthe federal poverty guidelines, and the applicant is, therefore, entitled to free process.[ ]the applicant222s annual gross income exceeds of the federalpoverty guidelines, but the applicant is not reasonably able to pay fees or costs and is, therefore,entitled to free process.[ ]on the basis of the applicant222s available funds or annual gross income, theapplicant is not entitled to free process.THE COURT ORDERS that:[ ]the filing fee is waived.[ ]the filing fee is waived except for the $ alternative dispute resolution(ADR) fee.[ ]the applicant is granted free service of process by the Sheriff in County, New Mexico for 1 2 3 4 5 or summons(es), provided that theapplicant first attempts service by certified mail pursuant to Rule 1-004 NMRA.[ ]the applicant is granted free service by the Sheriff in County,New Mexico, of a temporary restraining order or .[ ]the applicant is to pay the filing fee on , 20.[ ]interpretation services shall be provided to the applicant.[ ]free process is denied.[ ]Other: Unless specifically granted above, this order of free process does not include the American LegalNet, Inc. www.FormsWorkFlow.com following costs: jury fees, certification fees, subpoena fees for witnesses, witness fees forhearings or trials, mailings, long distance charges, transcripts for appeals or record proper,duplication fees for audiotapes or compact discs, copy charges, publication fees, or facsimileservices. Application for all other costs are to be made to the judge assigned to your case. If theapplicant prevails in this law suit and collects money by judgment or settlement, the court mayorder reimbursement for any waived costs. If the applicant is represented by an attorney who ispaid an attorney fee, any fees or costs waived by this order must be deducted from any suchattorney fee and paid to the court clerk. This order is subject to revision, modification, orrescission by the judge assigned to your case. JUDGE [Adopted by Supreme Court Order No. 07-8300-043, effective February 25, 2008; as amended bySupreme Court Order No. 08-8300-031, effective November 17, 2008; by Supreme Court OrderNo. 10-8300-044, effective February 9, 2011; as amended by Supreme Court Order No. 17-8300-022, effective for all cases pending or filed on or after December 31, 2017.] American LegalNet, Inc. www.FormsWorkFlow.com