This form is a subpoena in a case under the Bankruptcy Code. The issuing officer must sign the form and proof of service is required.
New Mexico Subpoena in a Case Under the Bankruptcy Code - B 256
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US-B-256
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How to fill out Subpoena In A Case Under The Bankruptcy Code - B 256?
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FAQ
A subpoena that fails to allow reasonable time for compliance is subject to a motion to quash. NM RCP 1-045 (C)(3)(a)(i) (amended eff 12/1/20). A party desiring to take the deposition of any person upon oral examination shall give at least ten (10) days notice in writing to every other party to the action.
Personal Service: Pursuant to FRCP Rule 45(b)(1) a subpoena must be personally delivered to the person whose attendance is required by the subpoena. A person who serves the subpoena must be at least 18 years of age. A person who serves the subpoena cannot be a party to the proceeding under which the subpoena is issued.
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.
No person is obliged to attend as a witness before a court or magistrate out of the county where the witness resides, or is served with the subpoena, unless the distance be less than 150 miles from his or her place of residence to the place of trial, or unless the judge of the court in which the offense is triable, or ...
Rule 1-045(C)(2) NMRA . The person who receives a subpoena to produce items or permit inspection of premises must do so unless the person or a party or a party serves timely (see Rule 1-045(C)(2)(b) NMRA) objections on all parties or files a motion to quash.
A foreign subpoena issued in another state must be submitted to the district court clerk in New Mexico, where the discovery is to be conducted following the requirements of the UIDDA New Mexico. Subpoena requests made this way are not considered court appearances in this jurisdiction.
An attorney authorized to practice law in New Mexico and who represents a party, as an officer of the court, may also issue and sign a subpoena on behalf of the court.
A court must quash or modify a subpoena if it does not allow a reasonable time to comply, requires travel of more than 100 miles, requires disclosure of privileged information, or creates an undue burden.