New Mexico Forms Library
Decision Information
Rule Set 6 - Rules of Criminal Procedure for the Magistrate Courts - cited by 566 documents
Rule Set 7 - Rules of Criminal Procedure for the Metropolitan Courts - cited by 447 documents
Rule Set 8 - Rules of Procedure for the Municipal Courts - cited by 364 documents
Decision Content
9-503. Subpoena.
[For use with Magistrate Court Rule 6-606 NMRA
Metropolitan Court Rule 7-606 NMRA and
Municipal Court Rule 8-602 NMRA]
[STATE OF NEW MEXICO]
[CITY OF _______________________]
[COUNTY OF ___________________]
_________________________ COURT
No. _________
[STATE OF NEW MEXICO]
[CITY OF _______________________]
v.
__________________________________________, Defendant
SUBPOENA
[ ] FOR APPEARANCE OF PERSON:
[ ] FOR TRIAL
[ ] FOR HEARING
[ ] TO PRODUCE DOCUMENTS OR OBJECTS AT A HEARING OR TRIAL
TO: __________________________________________________________________
______________________________________________________________________
YOU ARE HEREBY COMMANDED TO APPEAR as follows:
PLACE: ________________________________________________
BEFORE JUDGE: ________________________________________
DATE: ______________, __________ TIME: ____________ (a.m.) (p.m.) to:
[ ] testify at trial
[ ] produce for trial or hearing the following described books, documents or tangible things ________________________________________________________________.
YOU ARE ALSO COMMANDED to bring with you the following (describe document or objects to be produced) ________________________________________
______________________________________________________________________
IF YOU DO NOT COMPLY WITH THIS SUBPOENA, you may be held in contempt of court and punished by fine or imprisonment.
______________, _______________.
_____________________________________
(Judge) (Clerk) (Attorney)
RETURN FOR COMPLETION BY SHERIFF OR DEPUTY
I certify that on the ____________ day of ______________, __________, in said (county) (city), 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 $ ____________1.
____________________________________
Name of law enforcement officer
____________________________________
Title
RETURN FOR COMPLETION BY OTHER PERSON
MAKING SERVICE2
CERTIFICATE OF SERVICE
I certify that I served the above subpoena on ________________________ (name of person served) on the ____________ day of ______________, __________, by delivering a copy to the person named a copy of the subpoena, a witness fee in the amount of ____________ and mileage in the amount of $ ____________1.
____________________________________
Person making service
____________________________________
Title (if any)
SUBSCRIBED AND SWORN to before me this ____________ day of ______________, ______________.
_____________________________________
Judge, Notary or Other Officer
Authorized to Administer Oaths
Fees: __________________
THIS SUBPOENA issued at request of:
________________________________________
Name
________________________________________
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)
(2) ________________________________________
(Name of party)
________________________________________
(Address)
_____________________________________
Attorney
_____________________________________
Signature
_____________________________________
Date of signature
USE NOTES
1. 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. Payment of per diem and mileage for subpoenas issued by the state is made pursuant to regulations of the Administrative Office of the Courts.
2. If service is by someone other than an attorney, an affidavit of service must be used instead of a certificate of service.
[As amended, effective May 1, 2002.]