Form 10-721. Subpoena.

[For use with Rule 10-143 NMRA] STATE OF NEW MEXICO COUNTY OF _______________ ________________ JUDICIAL DISTRICT IN THE CHILDREN’S COURT In the Matter of _____________, a Child. No. __________ SUBPOENA SUBPOENA FOR1 [ ] [ ] APPEARANCE OF PERSON FOR [ ] STATEMENT [ ] DEPOSITION [ ] ____________________ (type of hearing) SUBPOENA FOR DOCUMENTS OR OBJECTS 2 TO: ________________________________________________________________ __ YOU ARE HEREBY COMMANDED TO: [ ] appear to testify at the taking of a deposition in the above case: Place: ________________________________ Date: ___________________ Time: ________ (a.m.) (p.m.) [ ] appear to testify at a hearing Place: ________________________________ Date: ___________________ Time: ________ (a.m.) (p.m.) [ ] permit inspection of the following described documents or objects ___________________ __________________________________________________________________________ _____ __________________________________________________________________________ _____ Place: ________________________________ Date: ___________________ Time: ________ (a.m.) (p.m.). [ ] appear to give a statement Place: ________________________________ Date: ___________________ Time: ________ (a.m.) (p.m.) 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______________, ______, 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 mileage in the amount of $ ___________].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[, a witness fee in the amount of $ __________, and mileage as provided by law in the amount of $ ___________].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 ATTORNEY4 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 TO BE PRINTED ON EACH SUBPOENA 1. A command to produce 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 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 and mileage for subpoenas issued by a children’s court attorney or an attorney appointed by the court is made pursuant to regulations of the Administrative Office of the Courts or to policies or procedures of the Children, Youth and Families Department. The bracketed language should be deleted if the subpoena is issued by a children’s court attorney or an attorney appointed by the court. A subpoena by a private party or corporation must be accompanied by the payment of one full day’s 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 before trial. If the subpoena is commanding production of documents and things before trial, it must be served on each party in the manner provided by Rules 5- 103, 5-103.1 or 5-103.2 NMRA. If service is by a party, an affidavit of service must be used instead of a certificate of service.