N.M. R. Crim. P. Dist. Ct. 5-119
Rule 5-511 NMRA shall apply to and govern the compelling of attendance of witnesses in criminal cases. Out-of-state witnesses may be subpoenaed in the manner provided by the Uniform Act to Secure the Attendance of Witnesses from Without a State in Criminal Proceedings, Sections 31-8-1 to 31-8-6 NMSA 1978. Grand jury subpoenas may be issued pursuant to Sections 31-6-12 and 31-6-13 NMSA 1978.
N.M. R. Crim. P. Dist. Ct. 5-119
ANNOTATIONS The 2001 amendment, effective August 28, 2001 substituted "Rule 5-511 NMRA" for "The Rules of Civil Procedure for the District Courts, so far as they are applicable and not in conflict with these rules" at the beginning of the rule and withdrew the committee commentary. The 1998 amendment, effective December 1, 1998, substituted "Subpoena" for "Conduct of trial" in the catchline; deleted the former Paragraph A designation and the heading, which read: "Attendance of witnesses"; added the last two sentences in Paragraph A; and deleted former Paragraphs B and C, relating to oath of witnesses and evidence, respectively.
For subpoenas in civil proceedings, see Rule 1-045 NMRA. Trial court properly quashed subpoena issued one day before trial. Udall ex rel. State v. Montoya, 1998-NMCA-149, 126 N.M. 273, 968 P.2d 784, cert. denied, 126 N.M. 532, 972 P.2d 351. Am. Jur. 2d, A.L.R. and C.J.S. references. - Right of indigent defendant under Rule 17(b) of the Federal Rules of Criminal Procedure to appearance of witnesses necessary to adequate defense, 42 A.L.R. Fed. 233. Requirements, under Rule 45(c) of Federal Rules of Civil Procedure and Rule 17(d) of Federal Rules of Criminal Procedure, relating to service of subpoena and tender of witness fees and mileage allowance, 77 A.L.R. Fed. 863.