New Mexico Motion to Quash a Subpoena

Q: What happens if I object to a New Mexico subpoena?

A written objection or filed motion to quash stays production until the court orders otherwise. Until then, do not treat the subpoena as void. It must be obeyed unless objected to or quashed or modified as Rule 1-045 allows.

Q: What are the grounds to quash a subpoena in New Mexico?

Under Rule 1-045(C)(3)(a), the court shall quash or modify a subpoena that fails to allow reasonable time, requires a non-party to travel more than 100 miles (the limit does not cover a hearing or trial anywhere in the state), requires privileged or protected matter with no exception or waiver, or subjects a person to undue burden. Under Rule 1-045(C)(3)(b), the court may also do so for trade secrets or confidential commercial information, an unretained expert's opinion, or substantial expense to travel more than 100 miles to trial.

Q: Which New Mexico court hears a motion to quash?

The subpoena issues from, and the motion is heard by, the district court where the action is pending (Rule 1-045(A)(2) and (C)(3) NMRA).

Q: Can I be charged fees for a New Mexico motion to quash?

Yes, possibly. The court may award costs and attorney fees against a party or person for serving written objections or filing a motion to quash that lacks substantial merit (Rule 1-045(C)(2)(b)(iii)). The court must also sanction a party or attorney who imposes undue burden or expense (Rule 1-045(C)(1)).

Q: How do I challenge an out-of-state subpoena in New Mexico?

Rule 1-045.1 NMRA is the state's interstate subpoena rule, adapted from the UIDDA. The clerk issues a New Mexico subpoena on submission of the foreign subpoena, and motions to quash, modify or for a protective order go to the district court where discovery is conducted (Rule 1-045.1(E)).

Q: Must the other side notify me or the parties before serving a New Mexico records subpoena?

For a pretrial document subpoena, notice must go to every party before or at the same time as service (Rule 1-045(B)(2) NMRA). The records subpoena then cannot be answered by a non-party until 14 days after service.

Q: Is there an official New Mexico subpoena form?

Yes. Form 4-505 NMRA (Subpoena) and Form 4-505A NMRA (Subpoena for production or inspection) are for use with Rule 1-045. Those forms are subpoenas, not motions, so a motion to quash is drafted to Rule 1-045.

Rule 1-045 NMRA: object or move to quash within 14 days after service of the subpoena.

Find out where you stand in New Mexico

What kind of subpoena are you dealing with?

DocDraft provides document preparation, not legal advice.

Introduction

Rule 1-045 NMRA governs. Any party objecting must serve a written objection or a motion to quash within 14 days after service of the subpoena. Obey the subpoena unless it is objected to or quashed as the rule allows.

Key Things to Know

1
A subpoena must be obeyed unless it is objected to or quashed or modified as Rule 1-045 NMRA allows. Non-compliance can lead to contempt (Rule 1-045(E)). Never simply ignore it.
2
Any party who objects must, within 14 days after service of the subpoena, serve on the person served and all parties a written objection or a motion to quash (Rule 1-045(C)(2)).
3
A non-party may not respond to a records subpoena until 14 days after service. A written objection or filed motion to quash bars the response until the court orders otherwise (Rule 1-045(C)(2)).
4
Mandatory grounds in Rule 1-045(C)(3)(a): no reasonable time to comply; a non-party required to travel more than 100 miles (the limit does not cover a hearing or trial anywhere in the state); privileged or protected matter with no exception or waiver; undue burden.
5
Discretionary grounds in Rule 1-045(C)(3)(b): trade secret or confidential commercial information; an unretained expert's opinion; substantial expense to travel more than 100 miles to trial.
6
Costs and attorney fees may be awarded against a party or person whose objection or motion to quash lacks substantial merit. The court must sanction a party or attorney who imposes undue burden or expense (Rule 1-045(C)(1)).
7
A pretrial document subpoena requires notice to every party before or at the same time as service (Rule 1-045(B)(2)). Out-of-state subpoenas go through Rule 1-045.1 NMRA, and motions are heard where discovery is conducted.

Key decisions before you file

Before you file a Motion to Quash in New Mexico, a few decisions shape the document: which option to choose and what each one means. The Motion to Quash guide walks through them.

Open the Motion to Quash guide

Customize your Motion to Quash Template with DocDraft

IN THE DISTRICT COURT OF [COUNTY] COUNTY STATE OF NEW MEXICO [JUDICIAL DISTRICT, IF APPLICABLE]

[PLAINTIFF NAME], Plaintiff,

v. No. [CASE NUMBER]

[DEFENDANT NAME], Defendant.

[MOVANT NAME]'S MOTION TO QUASH OR MODIFY SUBPOENA

Movant [MOVANT NAME] is [A NON-PARTY TO THIS ACTION TO WHOM THE SUBPOENA WAS DIRECTED, OR A PARTY TO THIS ACTION WHO OBJECTS TO A SUBPOENA SERVED ON [NAME OF PERSON SERVED]]. Under Rule 1-045 NMRA, Movant moves this Court, the court in which the action is pending, to quash or modify the subpoena described below.

THE SUBPOENA

On [DATE OF ISSUE], [NAME OF ISSUING PARTY OR ATTORNEY] issued a subpoena to [MOVANT OR NAME OF PERSON SERVED], served on [DATE OF SERVICE], commanding [APPEARANCE AT DEPOSITION, PRODUCTION OF DOCUMENTS, OR BOTH] on [DATE AND TIME FOR COMPLIANCE] at [PLACE OF COMPLIANCE]. A copy is attached as Exhibit A.

TIMELINESS

[IF APPLICABLE: As a party who objects to the subpoena, Movant serves this motion within fourteen (14) days after service of the subpoena, as Rule 1-045(C)(2) NMRA requires.]

[IF APPLICABLE: As a non-party, Movant brings this timely motion under Rule 1-045(C)(3) NMRA.]

[IF APPLICABLE: Movant also served a written objection on [DATE OF OBJECTION] on the person served with the subpoena and all parties.]

GROUNDS

Movant relies on the following, each stated in the alternative:

[IF APPLICABLE: (a) The subpoena fails to allow reasonable time for compliance. FACTS: [FACTS].]

[IF APPLICABLE: (b) The subpoena requires a non-party to travel more than 100 miles to attend other than a hearing or trial in New Mexico. FACTS: [FACTS].]

[IF APPLICABLE: (c) The subpoena requires disclosure of privileged or other protected matter, and no exception or waiver applies. PRIVILEGE AND FACTS: [PRIVILEGE AND FACTS].]

[IF APPLICABLE: (d) The subpoena subjects [MOVANT OR THE PERSON SERVED] to undue burden. FACTS: [FACTS].]

[IF APPLICABLE: (e) The subpoena requires disclosure of a trade secret or confidential commercial information. FACTS: [FACTS].]

[IF APPLICABLE: (f) The subpoena requires disclosure of an unretained expert's opinion. FACTS: [FACTS].]

RELIEF REQUESTED

Movant asks the Court to (a) quash the subpoena; (b) in the alternative, modify it as follows: [REQUESTED MODIFICATION]; (c) [IF APPLICABLE: enter a protective order limiting [SCOPE]]; and (d) grant any other relief the Court finds proper.

Respectfully submitted,

[SIGNATURE] [NAME OF MOVANT OR ATTORNEY] [ADDRESS] [PHONE] [EMAIL]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE OF THIS MOTION], a copy of this motion was served on [THE PERSON SERVED WITH THE SUBPOENA, IF NOT MOVANT] and [NAME OF EACH PARTY OR COUNSEL OF RECORD] by [METHOD OF SERVICE].

[SIGNATURE] [NAME]

New Mexico Requirements for Motion to Quash

Do Not Ignore the Subpoena
A subpoena must be obeyed unless objected to or quashed or modified as Rule 1-045 NMRA allows. Non-compliance can lead to contempt (Rule 1-045(E)).
14-Day Objection or Motion Deadline
Any party who objects must, within 14 days after service, serve on the person served and all parties a written objection or a motion to quash (Rule 1-045(C)(2)).
Stay of Production
A written objection or filed motion to quash bars production until the court orders otherwise. A non-party may not answer a records subpoena until 14 days after service (Rule 1-045(C)(2)).
Mandatory Grounds
No reasonable time to comply; non-party travel over 100 miles (the limit does not cover a hearing or trial anywhere in the state); privileged or protected matter with no exception or waiver; undue burden (Rule 1-045(C)(3)(a)).
Discretionary Grounds
Trade secret or confidential commercial information; unretained expert opinion; substantial expense to travel over 100 miles to trial (Rule 1-045(C)(3)(b)).
Court and Out-of-State Subpoenas
The motion is heard by the district court where the action is pending. For foreign subpoenas, Rule 1-045.1 NMRA sends motions to the district where discovery is conducted.
Fees and Sanctions
Costs and fees may be awarded against a party or person whose objection or motion lacks substantial merit (Rule 1-045(C)(2)(b)(iii)). The court must sanction a party or attorney who imposes undue burden or expense (Rule 1-045(C)(1)).
Certificate of Service
The motion lists each party or counsel served and the method of service, matching the rule's requirement that an objecting party serve the person served and all parties (Rule 1-045(C)(2)).

Frequently Asked Questions

How long do I have to object to a subpoena in New Mexico?

What happens if I object to a New Mexico subpoena?

What are the grounds to quash a subpoena in New Mexico?

Which New Mexico court hears a motion to quash?

Can I be charged fees for a New Mexico motion to quash?

How do I challenge an out-of-state subpoena in New Mexico?

Must the other side notify me or the parties before serving a New Mexico records subpoena?

Is there an official New Mexico subpoena form?

Find out where you stand in New Mexico

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion to Quash Template with DocDraft

New Mexico Requirements for Motion to Quash

Do Not Ignore the Subpoena

14-Day Objection or Motion Deadline

Stay of Production

Mandatory Grounds

Discretionary Grounds

Court and Out-of-State Subpoenas

Fees and Sanctions

Certificate of Service

Frequently Asked Questions