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Served 123 LLC handles end-to-end subpoena domestication throughout New Mexico under the Uniform Interstate Depositions and Discovery Act, effective July 1, 2012 — filing with the District Court Clerk in the county where discovery is sought, across all 33 counties and 13 judicial districts. No filing fee. No judicial motion or judge signature required. Witness per diem and mileage fees tendered at service for every attendance subpoena. From Albuquerque and Santa Fe to the Permian Basin oil and gas corridor in Southeastern New Mexico.
Under Rule 1-045 NMRA and NMSA § 38-6-4, any subpoena commanding attendance must include tender of per diem (NMSA § 10-8-4(A) rate) and mileage (§ 10-8-4(D)) at time of service. Failure excuses the witness from appearing and exposes the subpoena to a motion to quash. This applies to deposition attendance subpoenas — not records-only production subpoenas. Served 123 LLC coordinates witness fee tendering on every attendance order.
New Mexico's UIDDA eliminated the cumbersome pre-2012 process that required a miscellaneous court proceeding and a judge's order before any out-of-state subpoena could issue. Now, a party simply submits the foreign subpoena to the District Court Clerk in the county where discovery is sought — no filing fee in most districts, no judge signature, no hearing. The clerk promptly issues a New Mexico subpoena incorporating the terms of the foreign subpoena. Served 123 LLC handles complete document preparation and clerk filing across all 33 counties and 13 judicial districts statewide.
Under Rule 1-045(B)(2) NMRA and NMSA § 38-6-4, any subpoena commanding personal attendance must be accompanied at service by: (1) the full per diem expense for one day's attendance at the nonsalaried public officer rate per NMSA § 10-8-4(A), and (2) mileage at the rate per NMSA § 10-8-4(D). These fees must be physically tendered at the moment of service — failure to do so excuses the witness from appearing and exposes the subpoena to a motion to quash. Records-only production subpoenas where no attendance is commanded are not subject to this fee tender. Served 123 LLC calculates and coordinates witness fee and mileage tendering on every New Mexico attendance order.
New Mexico adopted the Uniform Interstate Depositions and Discovery Act, effective July 1, 2012, replacing the former procedure that required filing a miscellaneous proceeding and obtaining a judge's order before any out-of-state subpoena could be served. Under the UIDDA, an out-of-state party submits the foreign subpoena to the District Court Clerk in the county where discovery is sought. No judicial motion is required, no judge signature is needed, and the filing does not constitute an appearance in New Mexico courts.
The New Mexico subpoena submitted to the clerk must incorporate all terms of the foreign subpoena and list the names, addresses, and telephone numbers of all counsel of record and unrepresented parties. Once issued by the clerk, the NM subpoena must be served per Rule 1-045 NMRA — personal delivery by any person 18 or older who is not a party. New Mexico has 33 counties organized into 13 judicial districts, and the filing must go to the correct district court for the county where the witness or records are located.
The most critical and frequently overlooked New Mexico requirement is the witness fee and mileage tender. For any subpoena commanding attendance, per diem and mileage must be physically tendered to the witness at the moment of service — failure to do so excuses the witness from attending no matter how otherwise valid the subpoena may be. Served 123 LLC builds this into every attendance order automatically.
Santa Fe, Los Alamos, Rio Arriba counties — state capital, government agencies
Bernalillo County (Albuquerque) — largest district; highest UIDDA volume statewide
Roswell, Carlsbad, Hobbs — Permian Basin oil and gas corridor; major energy discovery hub
Silver City, Deming — mining and border commerce corridor
Clovis, Portales — agricultural and eastern corridor
Served 123 LLC files and serves in all 13 judicial districts covering all 33 New Mexico counties statewide
From intake to affidavit — New Mexico UIDDA District Court Clerk filing, judicial district verification, and Rule 1-045 service with witness fee coordination across all 33 counties.
Use the order form at the top of this page or email info@served123.com. Include the originating state, the New Mexico county where the recipient is located, and your foreign subpoena PDF. Specify whether you need a deposition attendance subpoena or a records-only production subpoena — this determines whether witness per diem and mileage must be tendered at service.
For deposition attendance subpoenas, we verify that the proposed location is within the judicial district where the witness resides or sojourns per NMSA § 38-8-1. New Mexico has 13 judicial districts. A subpoena requiring attendance outside the witness's judicial district is subject to a motion to quash. We confirm compliance before preparing any documents.
We prepare the New Mexico subpoena incorporating all terms of the foreign subpoena and listing the names, addresses, and telephone numbers of all counsel of record and unrepresented parties, per UIDDA requirements and Rule 1-045 NMRA form standards. The NM subpoena includes the originating state case information and identifies the correct district court for the filing county.
We submit the foreign subpoena and the prepared NM subpoena to the District Court Clerk in the correct New Mexico county. No filing fee is required in most districts. No judge signature is needed. The clerk promptly issues the New Mexico subpoena. Filing does not constitute an appearance in New Mexico courts.
For deposition attendance subpoenas, we calculate the required per diem (NMSA § 10-8-4(A) — nonsalaried public officer rate per current DFA schedule) and mileage (NMSA § 10-8-4(D)) from the witness's location to the deposition site. These amounts must be tendered at service simultaneously with the subpoena. Served 123 LLC coordinates the correct amounts on every New Mexico attendance order.
We coordinate personal delivery of the issued New Mexico subpoena per Rule 1-045 NMRA, with witness per diem and mileage tendered simultaneously for attendance subpoenas. Service by any person who is not a party and is at least 18 years of age. Served 123 LLC covers all 33 New Mexico counties — from Albuquerque and Santa Fe to Lea and Eddy counties in the Permian Basin.
You receive a signed affidavit of service confirming full compliance with New Mexico's UIDDA requirements and Rule 1-045 NMRA — including confirmation of witness fee and mileage tender — ready for immediate filing in your originating state court.
New Mexico's UIDDA (effective July 1, 2012) and Rule 1-045 NMRA — the governing authority for every New Mexico subpoena domestication.
| Authority | Subject | Key Provision |
|---|---|---|
| NMSA UIDDA (2012) | Adoption & Issuance | Effective July 1, 2012; submit foreign subpoena to District Court Clerk in county of discovery; clerk issues NM subpoena incorporating terms + counsel contact info; no judge signature; no filing fee; filing ≠ appearance |
| Rule 1-045(B)(1) NMRA | Service — Statewide | Subpoena may be served anywhere in New Mexico; by any person not a party and at least 18 years of age |
| Rule 1-045(B)(2) NMRA | Witness Fees at Service | If attendance commanded: tender full per diem per NMSA § 10-8-4(A) + mileage per § 10-8-4(D) at time of service; failure to tender excuses the witness from attending |
| NMSA § 38-6-4 | Witness Fee Statute | Witnesses receive per diem at nonsalaried public officer rate + mileage per Per Diem and Mileage Act; expert witness fee may also be ordered by court |
| NMSA § 10-8-4(A),(D) | Per Diem & Mileage Rates | Current DFA schedule governs per diem and mileage amounts to be tendered with attendance subpoenas |
| NMSA § 38-8-1 | Geographic Limit | No witness compelled to attend outside judicial district of residence or sojourn; 10-day advance notice required; witness fees and mileage must be paid |
| Rule 1-045(C) NMRA | Objections | 14-day window to serve written objection on all parties; if objection served, court order required before compliance; motions to quash/modify in issuing district court |
*New Mexico has 33 counties in 13 judicial districts. Filing goes to District Court Clerk in county where discovery is sought. Always verify current per diem and mileage rates with the applicable DFA schedule at time of service.
End-to-end New Mexico UIDDA handling across all 33 counties and 13 judicial districts — judicial district verification, NM subpoena preparation, clerk filing, witness fee coordination, and Rule 1-045 service.
New Mexico subpoena prepared incorporating all terms of the foreign subpoena, counsel contact information, and originating case details — compliant with UIDDA requirements and Rule 1-045 NMRA form standards.
We file with the District Court Clerk in the correct New Mexico county. No filing fee in most districts. No judge signature. The clerk issues the NM subpoena promptly — filing does not constitute an appearance in New Mexico courts.
For deposition subpoenas, we confirm the proposed location is within the witness's judicial district per NMSA § 38-8-1 — before preparing any documents, not after service fails.
We calculate and coordinate tendering of the required per diem and mileage at service for every attendance subpoena — per Rule 1-045(B)(2) NMRA, NMSA § 38-6-4, and the current DFA rate schedule.
Personal delivery statewide — all 33 counties, all 13 judicial districts. From Bernalillo (Albuquerque) and Santa Fe to Lea and Eddy counties in the Permian Basin energy corridor.
Signed affidavit confirming full UIDDA and Rule 1-045 NMRA compliance, including witness fee and mileage tender confirmation — ready for filing in your originating state court.
All major subpoena types under New Mexico's UIDDA and Rule 1-045 NMRA — statewide across all 33 counties with judicial district verification and witness fee coordination built into every order.
Commands personal testimony at deposition within the witness's judicial district (NMSA § 38-8-1). Witness per diem and mileage must be tendered at service. Judicial district verified before clerk filing. District Court Clerk issues per UIDDA.
Compels production of documents, records, or ESI without requiring personal attendance. No per diem or mileage required for records-only subpoenas. 14-day objection window from service. Filed in the district court of the county where records are held.
New Mexico is a top-five oil and gas producing state. The Permian Basin counties (Lea, Eddy, Chaves — 5th Judicial District) generate substantial interstate discovery demand for production records, royalty statements, lease agreements, and corporate depositions. Served 123 LLC handles all 5th District UIDDA filings.
New Mexico hosts significant federal government presence and 23 federally recognized tribes. Subpoenas targeting state agencies, federal contractors, and corporate entities require careful attention to New Mexico's jurisdictional rules. Served 123 LLC handles government and corporate subpoenas across all 13 districts.
From Albuquerque and Santa Fe to the Permian Basin energy corridor and the Four Corners region — Served 123 LLC handles subpoena domestication across all 33 New Mexico counties with judicial district verification and witness fee coordination on every order.
Out-of-state attorneys requiring discovery from New Mexico witnesses, energy companies, government contractors, and corporate entities across all 33 counties and 13 judicial districts.
Attorneys handling production disputes, royalty litigation, and lease agreement matters in the Permian Basin — the 5th Judicial District (Lea, Eddy, Chaves counties) is one of the most active energy discovery jurisdictions in the country.
Counsel targeting New Mexico mining operators, potash producers, uranium companies, and natural resource entities — particularly in Grant, Hidalgo, Cibola, and Sandoval counties.
Attorneys in government contract disputes targeting New Mexico-based federal contractors and defense suppliers — particularly in the Albuquerque (Sandia/Kirtland) and Santa Fe corridors.
Claims teams needing New Mexico deposition testimony, medical records, and accident report subpoenas — with judicial district verification and witness fee coordination on every order statewide.
Legal support firms outsourcing New Mexico UIDDA domestication — we handle judicial district verification, NM subpoena preparation, District Court Clerk filing, witness fee calculation, and Rule 1-045 service across all 33 counties.
The most common questions about domesticating subpoenas in New Mexico — including the witness fee requirement, judicial district limit, and the no-filing-fee rule.
