New Mexico Forms Library

9-417.  Witness list.

[For use with Magistrate Court Rule 6-504,

Metropolitan Court Rule 7-504 and

Municipal Court Rule 8-504]

STATE OF NEW MEXICO

[COUNTY OF ___________________]

[CITY OF _______________________]

_________________________ COURT

                                                                                                                        No. _________

[STATE OF NEW MEXICO]

[CITY OF _______________________]

v.

__________________________________________, Defendant

WITNESS LIST

The [prosecution] [defendant] notifies the opposing party that the following potential witnesses may be called to testify at trial.

Name                                     Address¹                   Tel. No.¹                    Statement²

                                                                                                            (yes)               (no)

______________     ______________     ______________     ______           ______

______________     ______________     ______________     ______           ______

______________     ______________     ______________     ______           ______

______________     ______________     ______________     ______           ______

EXHIBIT LIST

The [prosecution] [defendant] notifies the opposing party that the following exhibits may be used at trial.

Exhibit²                                                                      Location of exhibit   

_______________________________               _______________________________

_______________________________               _______________________________

_______________________________               _______________________________

                                                                        ____________________________________

                                                                        Signature

                                                                        ____________________________________

                                                                        Title

CERTIFICATE OF SERVICE

I hereby certify that on this ____________ day of ______________, __________ this notice was

[mailed by United States first class mail, postage prepaid, and addressed to:

Name: ________________________________________________________________

Address: ______________________________________________________________

City, State and zip code: _________________________________________________]

[faxed by __________________ (name of person who faxed) document to __________________ (name of recipient). The transmission was reported as complete and without error. The time and date of the transmission was ____________ [a.m.] [p.m.] on __________________ (date).]

[e-mailed by __________________ (name) at __________________ (electronic address of recipient) which address is on file with the clerk of the Supreme Court for service by electronic mail. The transmission was successful. The time and date of the transmission was ____________ [a.m.] [p.m.] on __________________ (date).]

[delivered to __________________. (If delivered to someone other than the  party, describe how service was made.)  ___________________________________.⁴]

                                                                        ____________________________________

                                                                        Signature of attorney

                                                                        ____________________________________

                                                                        Date of signature

If this notice was served by a person other than an attorney, the following must also be completed and filed with the court:

AFFIDAVIT OF SERVICE³

            I declare under penalty of perjury that a copy of this paper was served by [mail] [fax] [electronic transmission] as described above on this ____________ day of ______________, __________.

                                                                        ___________________________________

                                                                        Signature of person who made service

Subscribed and sworn to before me

this ____________ day of ______________, __________. 

______________________________

Judge, notary or other officer

authorized to administer oaths

______________________________

Official title

USE NOTES

            1.         Provide the address and telephone number to be used to contact the witness. This address may be the address and telephone number of the district attorney or defense counsel.

            2.         All witness statements and exhibits shall be disclosed and made available for inspection and copying as provided by the rules of criminal procedure. Statements and exhibits are not filed with the court unless entered into evidence.

            3.         The certificate of service information must also be completed except for the signature lines.

            4.         In addition to service by mail, fax and e-mail, Rules 2-203 and 3-303 NMRA permit service by delivery to a party by any of the following means:

                        (a)       handing it to the attorney or to the party;

                        (b)       leaving it at the attorney's or party's office with a clerk or other person in charge, or, if there is no one in charge, leaving it in a conspicuous place in the office;

                        (c)        if the person to be served has no office, leaving it at the person's dwelling house or usual place of abode with some person of suitable age and discretion residing there; or

                        (d)       placing a copy in a box maintained by the attorney for purposes of serving the attorney.

[Approved, effective December 17, 2001.]