New Mexico Subpoena Duces Tecum
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FAQ
Under FRCP 30(b)(6) and ORCP 39(c)(6) (collectively ?Rule 30(b)(6)?), a party to a lawsuit has the right to issue a notice for the deposition of a ?public or private corporation, a partnership, an association, a governmental agency or other entity.? The notice must ?describe with reasonable particularity the matters ...
A party propounding the interrogatories shall, upon request of any party, furnish to such party a copy of the interrogatories, answers and objections, if any.
Rule 1-030(C) NMRA provides that examination and cross-examination of witnesses may proceed as permitted at trial under the New Mexico Rules of Evidence, "except Rules 11-103 and 11-615 NMRA." The reference to Rule 11-615 NMRA addresses whether other potential deponents can attend a deposition.
Rule 1-026 - General provisions governing discovery A. Discovery methods. Parties may obtain discovery by any of the following methods: depositions; interrogatories; requests for production or to enter land; physical and mental examinations and requests for admission.
When a person is beyond the subpoena power of the New Mexico District Court, Rule 1-045 NMRA provides that the party to the New Mexico proceeding who seeks to subpoena items, conduct inspection, or conduct a deposition in another state shall do so in the manner provided by law or rule of the other state.
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.
Rule 1-045(A)(1)(d) NMRA. When a subpoena for production or inspection is issued, the party responsible for the issuance of the subpoena must provide timely notice to all parties of the issuance of the subpoena. Rule 1-045(B)(2) NMRA. The rule formerly provided only that the subpoenaed person "produce" the items.
A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you". See, e.g., United States v. Nixon, 418 U.S. 683 (1974).
