Subpoena {9-217}

CRIMINAL FORM 9-217 9-217 [For use with District Court Rule 5-511] STATE OF NEW MEXICO ______________ COUNTY No. ____________ ______________ JUDICIAL DISTRICT STATE OF NEW MEXICO v. _____________________________, Defendant SUBPOENA 1 SUBPOENA FOR [ ] APPEARANCE OF PERSON FOR [ ] STATEMENT [ ] DEPOSITION [ ] TRIAL 2 [ ] SUBPOENA FOR DOCUMENTS OR OBJECTS 2 [ ] INSPECTION OF PREMISES TO: _____________________________________________________ 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 [ ] permit inspection of the following described documents or objects _______________________________________________ _______________________________________________________ _______________________________________________________ [ ] permit the inspection of the premises located at: ________________________________ (address) [ ] give a statement. 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 _________________, <<<<<<<<<********>>>>>>>>>>>>> 2CRIMINAL FORM 9-217 ______, 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 3 $____________ and mileage in the amount of $___________] . _______________________ __________ ___ 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 3 mileage as provided by law in the amount of $___________] . ______________________________________ 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 4 CERTIFICATE OF SERVICE BY ATTORNEY I cert ify that I caused a copy of this subpoena to be served on the follow ing persons or entities by (delivery) (mail) on this ____ day of ______________, _____: (1) __________________________________________ (Name of party) __________________________________________ 2 <<<<<<<<<********>>>>>>>>>>>>> 3CRIMINAL FORM 9-217 (Address) (2) __________________________________________ (Name of party) __________________________________________ (Address) ____________________________ Attorney ____________________________ Signature ____________________________ Date of signature TO BE PRINTED ON EACH SUBPOENA 1. A command to prod uce 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, 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. 3. Payment of per diem an d mile age for subpoenas issued by the district attorney, attorney general, public defend er or an attorney appointed by the court, district attorney, attorney general or public defender is made pursuant to regulations of the Administrative Office of the Courts. The bracketed language should be deleted if the subpoena is issue d by the state or the public defender. A subpoena by a private party or corpo rati on must be accompanied by the payment of one full days 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 or inspection of premises before trial. If the subp oena is commanding production of documents and things or inspection of premises befo re tr ial, it must be 3 <<<<<<<<<********>>>>>>>>>>>>> 4CRIMINAL FORM 9-217 served on each party in the manner provided by Rules 5-103, 5-103.1 or 5-103.2. If service is by a party, an affidavit of se rvic e must be used instead of a certificate of service. PROTECTION OF PERSONS SUBJECT TO SUBPOENAS A party or an attorney responsible for the issuance and service of a subpoena shall t ake 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 no t limited to, lost earnings and a reasonable attorne ys fee. A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangi bl e things, or inspection of premises need not appear in person at the place of production or inspection unless c ommanded to appear for deposition, hearing or trial. Subject to Subparagraph (2) of Paragraph D below, a person commanded to produce and permi t 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 f our teen (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. If o bjection is made, the party serving the s ubpoen a 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 t