N.M. Admin. Code § 11.5.5.1018

Current through Register Vol. 36, No. 1, January 14, 2025
Section 11.5.5.1018 - SAMPLE SUBPOENA AND RETURN
A. Format; subpoena:

STATE OF NEW MEXICO

BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION

[NAME OF COMPLAINANT OR PETITIONER]

[complainant/Petitioner],

v. No. [insert case no.]

[NAME(S) OF RESPONDENT(S)],

respondent[s].

SUBPOENA [DUCES TECUM]

TO: [Name and address of person to whom Subpoena addressed]

You are hereby commanded to appear before [the Occupational Health and Safety Review commission/a Certified court reporter] at [location] on [date], at the hour of [time] and testify in this matter at the request of [party requesting Subpoena]. [You are further ordered to bring with you the following items:]

[If Subpoena Duces Tecum, list items to be brought.]

OCCUPATIONAL HEALTH AND SAFETY

REVIEW COMMISSION

[Location of commission Seal] By:[Signature] ____________________________

[TYPED OR PRINTED NAME]

Commission secretary

Subpoena requested by: [List name, address, and phone no. of person requesting Subpoena]

B. Format; return of service: Include a return of service, in the following format, on the reverse of the Subpoena or on a separate page:

RETURN FOR COMPLETION BY SHERIFF OR DEPUTY

STATE OF NEW MEXICO)

) ss.

COUNTY OF [NAME OF COUNTY])

I certify that on [date], in the County of [Name of County], I served this Subpoena [Duces Tecum] on [name of person served], by delivering a copy of the Subpoena [Duces Tecum] to such person.

__________________________________________

SHERIFF OR DEPUTY

RETURN FOR COMPLETION BY

OTHER PERSON MAKING SERVICE

STATE OF NEW MEXICO)

) ss.

COUNTY OF [NAME OF COUNTY])

I, being duly sworn, on oath say that I am over the age of 18 years and not a party to this case, and that on [date], in the County of [name of county], I served this Subpoena [Duces Tecum] on [name of person served], by delivering a copy of the Subpoena[Duces Tecum] to such person.

__________________________________________

Person Making Service

SUBSCRIBED AND SWORN TO before me by [name of person signing affidavit] on [date].

__________________________________________

Judge, Notary, or Other Officer

Authorized to Administer Oaths

N.M. Admin. Code § 11.5.5.1018

1/1/94, 1/1/96; Recompiled 11/30/01