Rule 1-045.1, from the Uniform Interstate Depositions and Discovery Act, requires no local attorney: the subpoena is submitted to the district court clerk for the county where discovery is sought, who issues a local one in a miscellaneous proceeding. Served 123 LLC handles it and serves it.
What to Send Us
The county and the counsel list are typed under Special Instructions.
Every New Mexico Order Includes
Skip tracing is available if the address turns out to be bad.
Every New Mexico County
New Mexico’s 33 counties sit in 13 judicial districts; the clerk’s fee is in your quote. The county finder names the county; the directory lists each district court.
Documents Subpoena
A records-only subpoena goes through the same clerk. Absent a court order, the person served holds any response 14 days after service; your side notices every party before or with service. Note it on the form for the right quote.
New Mexico Subpoena Domestication Order
Our quote covers document preparation, the clerk’s fee and service if ordered.
New Mexico dockets a miscellaneous proceeding before its clerk issues the subpoena, and its e-filing rules speak to attorneys. Here is who does what.
We prepare the filing that opens the miscellaneous proceeding, with the foreign subpoena and the counsel list, for your side’s attorney or the self-represented party to sign.
The clerk issues the New Mexico subpoena once the proceeding is docketed, and we handle that step with the clerk’s office.
Our server delivers it when you order service, and we advance any tender owed on your quote.
Our server completes the return of service and we send it to you.
These are the words of Rule 1-045.1, the Supreme Court’s rule adapted from the uniform act (UIDDA), and of Rule 1-045 on docketing, on where the subpoena goes, who issues it, what it holds, how it is served and where a motion goes.
To request issuance of a subpoena under this paragraph, a party must submit a foreign subpoena to the clerk of the district court where the discovery is sought to be conducted in New Mexico. A request for issuance of a subpoena under this rule does not constitute an appearance in the courts of this state.
Rule 1-045.1(B)(1) NMRA
A subpoena may be issued within this state in an action pending outside the state under Rule 1-045.1 NMRA upon the filing of a miscellaneous proceeding in the judicial district in which the subpoena is to be served. Upon the docketing of the miscellaneous proceeding, the subpoena may be issued and shall be served as provided by this rule.
Rule 1-045(B)(6) NMRA
When a party submits a foreign subpoena to a clerk of court in this state, the clerk shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
Rule 1-045.1(B)(2) NMRA
(a) incorporate the terms used in the foreign subpoena; and (b) contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
Rule 1-045.1(B)(3) NMRA
Served 123 LLC prepares the filing that opens the miscellaneous proceeding, with the counsel list, for your side’s attorney or the self-represented party to sign.
Get a Free Quote Online →A subpoena issued by a clerk under Paragraph B of this rule must be served in compliance with Rule 1-045 NMRA.
Rule 1-045.1(C) NMRA
Rule 1-045 NMRA applies to subpoenas issued under Paragraph B of this rule.
Rule 1-045.1(D) NMRA
An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under Paragraph B of this rule must comply with the rules and statutes of this state and be submitted to the court in the district in which discovery is to be conducted.
Rule 1-045.1(E) NMRA
No reported New Mexico appellate decision has yet interpreted Rule 1-045.1. Until one does, the rule’s text governs, and Rule 1-045.1(E) sends any dispute to the district court where discovery is to be conducted.
Official texts: NMRA Rules 1-001 to 1-131, NMRA Rules of Evidence, NMSA Chapter 34, NMSA Chapter 38, NMSA Chapter 10, NMSA Chapter 14, 45 C.F.R. § 164.512, Second Judicial District local rules. General information, not legal advice. The official text controls.
Send us the foreign subpoena and we pick the district and handle the clerk step.
Get a Free Quote Online →Once issued, the New Mexico subpoena is served under Rule 1-045, as Rule 1-045.1(C) requires. For a summons or other court papers, see process service in New Mexico.
Rule 1-045(B)(2): “A subpoena may be served by any person who is not a party and is not less than eighteen (18) years of age.” Rule 1-045.1(C) applies that rule to the New Mexico subpoena, and Rule 1-045(B)(1) adds that it “may be served any place within the state”.
Rule 1-045(B)(1)–(2); Rule 1-045.1(C)Service is “delivering a copy thereof to that person or as provided in Rule 1-004(E)(3) NMRA”. That rule allows mail or commercial courier where the envelope is addressed to the person and the person, or someone authorized to accept service, “signs a receipt”.
Rule 1-045(B)(2); Rule 1-004(E)(3)When attendance is commanded, the server tenders “the full fee for one day’s expenses provided by Section 10-8-4(A) NMSA 1978 as per diem for nonsalaried public officers attending a board or committee meeting and the mileage provided by Section 10-8-4(D) NMSA 1978. The fee for per diem expenses shall not be prorated.” A further full day is paid before each added day, and none is owed on a subpoena issued on behalf of the state or a state officer or agency. We advance any tender owed on your quote.
Rule 1-045(B)(2)(b)Section 38-6-4 pays witnesses per diem and mileage at the public-officer rate. Section 10-8-4(A) now has two tiers: “forty-five dollars ($45.00)” for under four hours or a virtual meeting, and “ninety-five dollars ($95.00)” for four hours or more. Rule 1-045 does not say which tier a witness gets. Mileage is “up to the internal revenue service standard mileage rate set January 1 of the previous year”, so for 2026 travel the ceiling is the 2025 rate of 70 cents a mile, and each January the rate in use moves up a year.
§§ 38-6-4, 10-8-4(A), (D); IRS ratesRule 1-045(B)(3) reads: “A person may be required to attend a deposition within one hundred (100) miles of where that person resides, is employed, or transacts business in person, or at any other place as is fixed by an order of the court.” On timely motion, Rule 1-045(C)(3)(a)(ii) has the court quash or modify a subpoena sending a person who is neither a party nor a party’s officer farther, save to attend trial in the state; Rule 1-045(E) makes that adequate cause not to obey.
Rule 1-045(B)(3), (C)(3)(a)(ii), (E)Rule 1-045(B)(2)(b) ends: “Prior to or at the same time as service of any subpoena commanding production of documents and things or inspection of premises before trial, notice shall be served on each party in the manner prescribed by Rule 1-005 NMRA.” Under Rule 1-005, a represented party is served through its attorney, by delivery or by mail to the last known address. The rule does not say whether a deposition notice under Rule 1-030 also applies.
Rule 1-045(B)(2)(b); Rule 1-005Rule 1-045(B)(5): “Proof of service when necessary shall be made by filing with the clerk of the court a return substantially in the form approved by the Supreme Court.” Rule 1-005 keeps subpoenas and their returns off the court file “unless on order of the court or for use in the proceeding”. The production form carries its own return for a server who is not an attorney, and our server completes it.
Rule 1-045(B)(5); Rule 1-005(E)An application for a protective order or to enforce, quash or modify the subpoena “must comply with the rules and statutes of this state and be submitted to the court in the district in which discovery is to be conducted”. On timely motion, Rule 1-045(C)(3)(a) has the court quash or modify a subpoena that “fails to allow reasonable time for compliance” or that “requires disclosure of privileged or other protected matter and no exception or waiver applies”.
Rule 1-045.1(E); Rule 1-045(C)(3)(a)Order service with the domestication and one server carries it from the clerk’s subpoena to the return.
Get a Free Quote Online →A documents subpoena takes the same clerk route, then the 14-day windows of Rule 1-045(C)(2). For health records, New Mexico’s confidentiality statute and the patient’s privilege apply; neither interstate rule adds a medical-records step of its own.
A person commanded to produce, “absent a court order, shall not respond to the subpoena prior to the expiration of fourteen (14) days after the date of service of the subpoena”. Your side’s notice to every party goes out before or with service, under Rule 1-045(B)(2)(b).
Rule 1-045(C)(2)(a)(ii); Rule 1-045(B)(2)(b)Rule 1-045(C)(2)(b)(ii): “any party who objects to the subpoena shall, within fourteen (14) days after service of the subpoena, serve on the person served with the subpoena and all parties written objection to or a motion to quash”. Production then waits on the court under (C)(2)(a)(iii) and (b)(iii).
Rule 1-045(C)(2)(a)(iii), (b)(ii)–(iii)The person served “need not appear in person at the place of production, inspection, copying, testing, or sampling unless commanded to appear for deposition, hearing, or trial”. The approved form lets the person comply “by providing legible copies of the items requested to be produced by mail or delivery to the attorney whose name appears on this subpoena”, and the person “may condition the preparation of any copies upon payment in advance of the reasonable cost of inspection and copying.”
Rule 1-045(C)(2)(a)(i), (iv); NMRA civil formsSection 14-6-1(A) makes health information that identifies patients “strictly confidential”, and subsection (D) keeps “the rules of confidentiality and accessibility applicable to these records” in force. A HIPAA covered entity answers to 45 C.F.R. 164.512(e): with a court order it discloses “only the protected health information expressly authorized by such order”, and with a subpoena and no order it may disclose on satisfactory assurance of “reasonable efforts” at notice to the patient or at a qualified protective order.
§ 14-6-1(A), (D); 45 C.F.R. 164.512(e)(1)(i)–(iv)Rule 11-504(B): “A patient has a privilege to refuse to disclose, or to prevent any other person from disclosing, a confidential communication made for the purpose of diagnosis or treatment of the patient's physical, mental, or emotional condition, including drug addiction, between the patient and the patient's physician, psychotherapist, or state or nationally licensed mental-health therapist.” Rule 11-504(D)(3) adds: “If a patient relies on a physical, mental, or emotional condition as part of a claim or defense, no privilege shall apply concerning confidential communications made relevant to that condition.”
Rule 11-504(B), (D)(3)Rule 11-902(11) lists as self-authenticating “Certified domestic records of a regularly conducted activity. The original or a copy of a domestic record that meets the requirements of Rule 11-803(6)(a) to (c) NMRA, as shown by a certification of the custodian or another qualified person that complies with a statute or a rule prescribed by the Supreme Court. Before the trial or hearing, the proponent must give an adverse party reasonable written notice of the intent to offer the record – and must make the record and certification available for inspection – so that the party has a fair opportunity to challenge them.”
Rule 11-902(11)Tell us early if the records are medical, so the production date leaves room for what the provider will ask.
Get a Free Quote Online →Each of these points comes from the text of a New Mexico rule or statute.
Before service, we check the papers we prepare and the service plan against the rules and raise anything that needs your input. A motion comes later, and it belongs to your side’s counsel.
Search or pick the county where the discovery will be conducted to see which district court clerk issues the subpoena there, then start a quote; the directory below lists all 33 counties.
How Arizona, Colorado, Oklahoma, Texas and Utah treat a foreign subpoena beside New Mexico’s Rule 1-045.1: the governing law, whether it requires a local attorney and who issues the subpoena, each from that state’s own text. “No” is New Mexico’s rule text alone; “Check” means confirm that state’s filing rules for an out-of-state requester.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| New Mexico | Rule 1-045.1 NMRA (Order No. 09-8300-018, eff. Aug. 7, 2009) | No | Clerk of the district court |
| Arizona | Ariz. R. Civ. P. 45.1 (Order R-12-0022, 2013) | No | Clerk of the superior court, discovery county |
| Colorado | C.R.S. §§ 13-90.5-101 to 13-90.5-107 (L. 2008) | No | Clerk of the district court, discovery county |
| Oklahoma | 12 O.S. § 3252 (Laws 2021, HB 2229) | Check | Court clerk, discovery county |
| Texas | Tex. R. Civ. P. 201.3 (2025) | Check | District or county clerk, discovery county |
| Utah | Utah Code §§ 78B-17-101 to -302 (2008) | Check | Clerk of court, discovery judicial district |
Short answers on filing, service, witnesses and cost in New Mexico. For the wider picture, see our Subpoena Domestication FAQ. General information, not legal advice.
In three steps, in a fixed order. Your side hands over the foreign subpoena under Rule 1-045.1(B), a miscellaneous proceeding goes on the docket under Rule 1-045(B)(6), and only then does the clerk issue the New Mexico subpoena, which must incorporate the foreign terms and list every counsel. Skip the docket entry and nothing issues, however complete the papers. See The Route.
Yes, though the source is a court rule. New Mexico’s version sits in the rules of civil procedure, in force since August 7, 2009, not in a uniform-act statute. Cite the rule and its committee note when a witness asks for authority. See The Rule.
Yes. Rule 1-045(B)(6) has the subpoena issue once a miscellaneous proceeding is filed and docketed in the judicial district, so the matter gets its own New Mexico number. Plan for that docket entry and its fee rather than a counter stamp. See The Rule.
Two texts can pull apart when the witness is served in one district and the deposition or production sits in another, because Rule 1-045.1(B)(1) ties the submission to the district of discovery while Rule 1-045(B)(6) ties the docketing to the district of service. Neither says which controls, so we choose per order from the witness’s address and the place the work happens. See The Rule.
Not under the rule text. Rule 1-045.1(B)(1) says the request is no appearance, and Rule 1-089.1(C) lets counsel from another state take part in discovery from litigation pending elsewhere, though a court may require local association in a given proceeding. Whether the e-filing rules reach this filing is not settled. See The Rule.
Not by its express terms. Rule 1-005.2 and the local rules of the 1st, 2nd, 3rd, 11th and 13th districts make attorneys e-file civil papers, and a subpoena is an issuance document, yet no text says how that fits a proceeding opened for a foreign case. Self-represented filers stay on paper under the same rule. See The Rule.
Yes, if that paralegal is at least 18 and not a party, the only test in Rule 1-045(B)(2). A party to the case cannot. When your order includes service, Served 123 LLC assigns a server for the county and prepares the return. See Any Nonparty 18 or Older.
Yes, through Rule 1-004(E)(3), which Rule 1-045(B)(2) adopts: mail or commercial courier works when the witness or an authorized agent signs a receipt. With no signature there is no service, so hand delivery suits a reluctant witness better. See Delivery or Signed-Receipt Mail.
Yes. Rule 1-045(B)(1) allows service at any place in New Mexico, so the subpoena travels with the witness across district lines. Attendance is the separate limit: the deposition itself must sit within the distance Rule 1-045(B)(3) sets, unless a court order fixes another place. See Deposition Distance.
Only when necessary, under Rule 1-045(B)(5), and Rule 1-005 keeps subpoena returns off the file unless the court orders them or they are used in the proceeding. Either way, the completed return comes to you with our service report. See A Return on the Approved Form.
No, your side does, not the server. That notice is a party’s own job under Rule 1-045(B)(2)(b), delivered by any Rule 1-005 method, and the printed subpoena form carries that same reminder. We serve only the witness, so note under Special Instructions when your side’s notice goes out. See Your Side Serves the Notice.
Rule 1-045(B)(2)(b) points to the public-officer per diem in Section 10-8-4(A), which has a shorter-day tier and a four-hour tier, and the rule does not pick one. It does bar prorating the fee. Note the attendance planned under Special Instructions, and any tender owed goes on your quote. See Two Per Diem Tiers.
Rule 1-045(B)(3) holds a deposition to 100 miles from where the person lives, works or does business in person, unless a court fixes another place. Past that reach, Rule 1-045(C)(3)(a)(ii) gives a nonparty witness a ground to quash, with the party-officer and trial exceptions Deposition Distance quotes. Set the place before filing. See Deposition Distance.
Not from issuance. The 14 days run from service under Rule 1-045(C)(2), and an objecting party serves the person subpoenaed and every party with a written objection or a motion to quash. Once one is served or filed, the person holds production until the court rules on it. Note the service date the day it happens. See A Party’s Written Objection.
In the district where discovery is to be conducted, under Rule 1-045.1(E), following New Mexico rules and statutes. A motion of that kind is court work for your side’s counsel; the issuing clerk does not decide it. See In the District of Discovery.
Yes, unless the subpoena also commands a deposition, hearing or trial appearance, under Rule 1-045(C)(2)(a)(i). Copies then travel by mail or delivery to the attorney on the subpoena, and the keeper may ask to be paid for copying first. See Copies by Mail.
One written quote states the figure before any work begins. It covers the papers we prepare for your side, the clerk’s fee for opening the miscellaneous proceeding, any electronic filing charge under Rule 1-005.2, and service if you order it. Filers without an attorney stay on paper under that rule. See The Rule.
Section 34-6-40 has district court clerks collect a fee of $117 for docketing any cause, and Rule 1-099(A) has the clerk collect, subject to its exceptions, the filing fee prescribed by law for the docketing of any cause. The 1st, 2nd, 3rd and 13th district fee pages name no separate line for an interstate subpoena, so the amount for this filing comes on your quote. See The Rule.
Rule 1-045.1(B)(2) says the clerk shall act promptly and gives no number of days. The docketing that Rule 1-045(B)(6) requires comes first. Give us your deadline and any deposition or production date under Special Instructions, and plan for the 14-day hold before records arrive. See Fourteen Days Before Any Response.
Yes. Rule 1-045.1(D) applies Rule 1-045 to the New Mexico subpoena, and paragraph (E) sends any motion through this state’s rules and statutes. Objections, quash grounds and the deposition distance all come from New Mexico text. See In the District of Discovery.
One written quote covers document preparation, the clerk’s fee and service, when you order service.
