Current through Register Vol. 35, No. 6, March 26, 2024
A.
Subpoena
for witnesses and documents:
(1) Any
party or staff requiring the attendance of a witness from any place in the
state to any designated place for the purpose of taking testimony of such
witness at a deposition or public hearing in a proceeding before the commission
shall make written application to the commission or presiding officer
requesting that a subpoena be issued to compel attendance of such
witness.
(2) Likewise a written
application requesting the issuance of a subpoena duces tecum
to compel production of specific books, papers, accounts, or other documents
must also be made to the commission or presiding officer if production at
deposition or public hearing is desired.
(3) Such written application must set forth
reasons supporting the issuance of the subpoena for the production of specific
books, papers, and other documents as the case may be.
(4) All applications for the issuance of
subpoenas shall be accompanied by the proposed subpoena, a form for which is
available from the commission upon request.
B.
Who may issue: Subpoenas
shall be signed and issued by the presiding officer or by any commissioner,
unless the issuance would be an abuse of process. A copy of the signed and
issued subpoena shall be filed.
C.
Service; fees:
(1) Subpoenas may
be served by any person authorized to serve process under the New Mexico rules
of civil procedure for the district courts. The return of service shall be
filed promptly after service. The return shall be by certificate if service is
made by a county sheriff or the county sheriff's deputy. Otherwise the return
shall be by affidavit. The form for the return of service is included with the
form of subpoena, available from the commission upon request.
(2) The witness being subpoenaed shall
receive fees in the amount and in the manner as provided in civil cases in the
district courts of this state.
(3)
Whenever a subpoena is issued at the request of a party the cost of service
thereof and the fee of the witness shall be borne by the requesting
party.
D.
Enforcement: The commission, any commissioner, staff, or any party may
seek enforcement of the subpoena pursuant to Sections
62-10-9,
63-7-1.1,
63-9-19,
63-9A-20,
63-9B-14,
63-9H-14,
65-3A-34, and
70-3-19
NMSA 1978, or other applicable law.
E.
Order for protection of staff,
parties, or witnesses: The commission or presiding officer may issue
such orders to protect staff, parties, or witnesses from annoyances,
embarrassment, or oppression as may be just and proper under the
circumstances.
