New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY
Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES
Section 11.5.5.1018 - SAMPLE SUBPOENA AND RETURN
Current through Register Vol. 35, No. 18, September 24, 2024
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