This form is a sample subpoena duces tecum for use in a personal injury case.
New Mexico Civil Trial Subpoena Duces Tecum
State:
Multi-State
Control #:
US-PI-0046
Format:
Word;
Rich Text
Instant download
Description
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How to fill out Civil Trial Subpoena Duces Tecum?
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FAQ
Do I get paid to have my deposition taken? If you are a party to the case, you do not get the witness fee. If you are a fact witness, then you are entitled to the standard witness fee of $95 in New Mexico. If you are an expert witness, then are you entitled to be paid your usual fee for testifying.
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
(1) Any party may move to dismiss the action, or any counterclaim, cross-claim or third-party claim with prejudice if the party asserting the claim has failed to take any significant action to bring such claim to trial or other final disposition within two (2) years from the filing of such action or claim.
Rule 32 of the Federal Rules of Civil Procedure (Using Depositions in Court Proceedings), provides that a deposition taken ?in any federal or state-court action may be used in a later action involving the same subject matter between the same parties, or their representatives or successors in interest, to the same ...
In general, and subject to substantive evidentiary objections, a deposition can be used without limit for purposes of impeaching the deponent if he testifies in court; the deposition of a party can be used without limit (including the proof of the adverse party's case) by an adverse party; the deposition of a ...
1-003.3. A certification of pre-filing notice, substantially in the form approved by the Supreme Court as Form 4-227 NMRA, shall be submitted with any complaint initiating a foreclosure action.
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
The person who receives a subpoena to produce items or permit inspection of premises need not appear in person at the designated time and place unless that person is also commanded in the subpoena to appear for a deposition, trial or hearing. Rule 1-045(C)(2) NMRA .
On request of any party in a case tried before a jury, deposition testimony offered other than for impeachment purposes shall be presented in nonstenographic form, if available, unless the court for good cause orders otherwise.
In the legal system, a motion to quash a warrant means you want to void the warrant. New Mexico allows defendants to file a motion to suppress evidence no less than 60 days before trial.