N.M. R. Child. Ct. 10-704

As amended through August 23, 2024

Rule 10-704 - Summons to child - Delinquency Proceeding

STATE OF NEW MEXICO

COUNTY OF _______________

________________ JUDICIAL DISTRICT

IN THE CHILDREN'S COURT

In the Matter of _____________ , a Child. No. __________

SUMMONS TO CHILD DELINQUENCY PROCEEDING¹

TO: ______________________________

Name of the respondent child

______________________________

Address

If you need help reading this document, you can call __________________ , and the court will appoint an interpreter for you at no charge.

YOU ARE NOTIFIED that a petition, a copy of which is attached hereto, has been filed in this court alleging that you

[ ] committed the following delinquent acts __________________ (common name and description of each delinquent act).

[ ] violated your conditions of probation by __________________ (briefly describe conditions imposed and acts violating those conditions).

YOU ARE ORDERED TO PERSONALLY APPEAR before the Children's Court Division of the District Court at __________________ (set forth address of court) on ____________ , ________ at the hour of ________ (a.m.) (p.m.) to answer the allegations contained in the attached petition. You have the right to an attorney. If you cannot afford an attorney, the court will appoint an attorey to represent you at no charge.

If you fail to appear at such time and place, a warrant will be issued for your arrest. Service of this summons shall be by mail unless otherwise ordered by the court.

Dated this ________ day of _____________ , ________ .

____________________________________

Clerk, District Court Children's Court Division

____________________________________

Address

____________________________________

Telephone number CERTIFICATE OF MAILING

I certify that I mailed a copy of the summons and a copy of the petition filed herein to:

______________________________

Name of child

______________________________

Address

on the ________ day of ______________ , ________ .

____________________________________

Signature of Children's Court Attorney

____________________________________

Title

CERTIFICATE OF PROCESS SERVER²

(check one box and fill in appropriate blanks)

I, __________________ , certify that I am over the age of eighteen (18) years and not a party to this lawsuit, and that I served the within summons in the State of New Mexico on the ________ day of ______________ , ________ , by delivering a copy thereof, with a copy of petition attached, in the following manner.

(check one box and fill in appropriate blanks)

[ ] by delivering the summons and petition to the above-named child (used when respondent receives copy of summons or refuses to receive summons

[ ] by delivering the summons and petition to ______________ , (parent) (guardian) (custodian) (conservator) (guardian ad litem appointed in the delinquency proceeding³) of the above-named child. [ ] by delivering the summons and petition to ______________ (name of person), ______________ (title of person who has legal authority over the child) (used when the child is in the custody of a legal entity, including the Children, Youth and Families Department).

[ ] by delivering the summons and petition to ______________ (if another manner of service has been ordered by the court, set forth how served).

____________________________________

Signature of person making service

____________________________________

Title (if any)

USE NOTES

1. This form is to be used for service on a child alleged to have committed a delinquent act. A copy of the summons and petition must be served on the respondent child.

2. To be completed only if personal service is ordered by the court.

3. If the summons and petition is served on a guardian ad litem, it should only be served on the guardian ad litem who was appointed in the delinquency proceeding. It would be inappropriate to serve a guardian ad litem who may have been appointed for the child in another proceeding.

N.M. R. Child. Ct. 10-704

As amended, effective 9/1/1995; 10-404 recompiled and amended as 10-704 by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after12/31/2016.

ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-017, effective December 31, 2016, in the heading, added "to child"; changed the caption of the case; in the title of the form, after "SUMMONS", added "TO CHILD"; after "Address", added the provision regarding the appointment of an interpreter; after "answer the allegations contained in the attached petition.", added "You have the right to an attorney. If you cannot afford an attorney, the court will appoint an attorney to represent you at no charge."; in the section under the title "CERTIFICATE OF PROCESS SERVER2", after "guardian ad litem", added "appointed in the delinquency proceeding3", and after the second box option, deleted "[ ] by delivering the summons and petition to _______ , a person of suitable age and discretion then residing at the usual place of abode of the above-named child."; in the third box option, after "title of person", deleted "authorized to receive service" and added "who has legal authority over the child"; and added Use Note 3. The 1995 amendment, effective September 1, 1995, rewrote the form and rewrote the use note. Recompilations. - Pursuant to Supreme Court Order No. 16-8300-017, former 10-404 NMRA was recompiled and amended as 10-704 NMRA, effective for all cases pending or filed on or after December 31, 2016.