New Mexico Workers Compensation Subpoena or Subpoena Duces Tecum
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FAQ
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.
There are two kinds of subpoena: (a) subpoena ad testificandum, and (b) subpoena duces tecum (Section 1, Rule 21, Rules of Court).
Once a subpoena duces tecum is issued, the witness does not deliver the documents to the attorney that requested them. Rather, the documents and/or evidence are sent to the superior court judge presiding over the case. The judge then reviews them and decides if the defense or the prosecutor is entitled to them.
Whether you've received a subpoena to appear as a witness or a subpoena duces tecum, it's never a good idea to simply ignore the subpoena. If you ignore a subpoena, a judge could hold you in criminal contempt and punish you accordingly.The judge can impose fines or order the person jailed for up to six months.
The name of the court where your case is filed. The title of the action. The case number. A command that a specific person appear at a stated date, time, and place to testify (or testify and provide documents)
A Subpoena Duces Tecum (meaning 'subpoena for production of evidence') is a court order requiring the person subpoenaed to produce books, documents or other records under his or her control at a specified time/place in a court hearing or a deposition.
The name of the court where your case is filed. The title of the action. The case number. A command that a specific person appear at a stated date, time, and place to testify (or testify and provide documents)
(a) Subpoenas and subpoenas duces tecum shall be issued by the agency or presiding officer at the request of a party, or by the attorney of record for a party, in accordance with Sections 1985 to 1985.4, inclusive, of the Code of Civil Procedure.
