COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : HOW TO FILE A CRIMINAL APPEAL SUBPOENA JUDICIAL Plaintiff(s) FROM MAGISTRATE COURT: -against: RULE 6-703 NMRA : Important Note: You must file your appeal within fifteen (15) days after the judgment is : entered in magistrate court. Defendant(s) : ...................................................... AT THE MAGISTRATE COURT 1. Pick up a "Notice of Appeal" form, and fill out the form. The white copy will be filed in district court and the goldenrod copy filed afterwards in magistrate court. You will also need to make enough copies of the notice of appeal and judgment to serve on each party or each party's attorney. THE PEOPLE OF THE STATE OF NEW YORK TO AT THE DISTRICT COURT GREETINGS: 2. Serve each party or each party's attorney with a copy of the Notice of Appeal in WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable accordance with Rule 5-103. at the Court located at County of Within fifteen (15) of after the original judgment was filedin the magistrate and at file recessed in room 3. , on the day days , 20 , at o'clock in the noon, court, any or adjourned date,the testify and Appeal and Proofaof Service in the district court. of the to Notice of give evidence as witness in this action on the part 4. File the appeal with the clerk at the counter and pay the docket fee of thirty five dollars ($35.00) in cash or this subpoena is punishable as the appeal of court and will make Your failure to comply with by money order when you file a contempt (unless the appeal has you liable to the party on whose behalf this subpoena a political subdivision of the state, or by a defendant represented been filed by the state, was issued for a maximum penalty of $50 and all damages sustained as a result of your failure a public defender or other court appointed counsel). by to comply. Witness, Honorable the second copy of your Notice of Appeal endorsed by the district court , one of the Justices of the 5. Be sure to get Court in day of , 20 and County, for payment of the docket fee. Take them back to magistrate court a receipt immediately. AT THE MAGISTRATE COURT 6. (Attorney must sign above and type name below) File the second copy of the Notice of Appeal and the receipt of payment of the docket Attorney(s) for fee (unless the appeal has been filed by the state, a political subdivision of the state, or by a defendant represented by a public defender or other court appointed counsel) in the magistrate court where the judgment was entered. Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : STATE OF NEW MEXICO : IN THE DISTRICT COURT ELEVENTH JUDICIAL DISTRICT : SAN JUAN COUNTY Plaintiff(s) -against- (STATE OF NEW MEXICO) (CITY OF V. Index No. Calendar No. JUDICIAL SUBPOENA : District Court No. (Mag.) (Met.) (Mun.) No. : ) : Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . ,. Defendant(s). . . . . . . . . . . . . . . . . . .......... NOTICE OF APPEAL (Defendant)PEOPLE OF THE STATE OF NEW YORK ) appeals to the district court from the (judgment) (final order) (The state) (The City of THE of the (magistrate) (metropolitan) court entered in the above cause on the Day of , . TO The (defendant) (state) (city) requests a trial setting within six months from the date of filing of this notice of appeal. GREETINGS: Signed WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Name (print) , the Honorable at the Court located at County of Address (print) in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witnessCity, State andon the part(print) in this action Zip Code of the Telephone number Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to The following is behalf this subpoena was filing with the clerk penalty of $50 and all the party on whose to be completed prior toissued for a maximum of the district court. damages sustained as a Proof your failure required result of of service is to comply.for each party. CERTIFICATE OF SERVICE BY ATTORNEY of the Justices of the Witness, Honorable , one Court in County, day of , 20 I certify that I caused a copy of the this notice of appeal to be served on the following persons or entities by (delivery) (mail) on this Day of , : (1) (Attorney must sign above and type name below) (Name of party) (Address) (2) (Name of party) Attorney(s) for (Address) Office and P.O. Address Attorney for appellant Signature Telephone No.: Facsimile No.: Date E-Mail Address: of signature Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. AFFIDAVIT OF SERVICE OF A PARTY : Calendar No. (To be completed by a party who is not represented by an attorney) : JUDICIAL SUBPOENA Plaintiff(s) I declare under penalty of perjury that a copy of this notice of appeal was served on the following persons or entities by -against: (delivery) (mail) on this day of , : (1) : (Name of party) : (Address) Defendant(s) (2) : ..... .... (Name of .party) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Address) THE PEOPLE OF THE STATE OF NEW YORK Signature of appellant Date of signature TO Subscribed and sworn to before me this day of , . GREETINGS: Judge, notary or other officer WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before authorized to administer oaths , the Honorable at the Court located at County of Official title in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the USE NOTE (A copy of this notice of appeal must be filed with the court from which this appeal is being taken after it has been endorsed by the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to district court.) the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a A copy of the judgment or final order appealed from, showing the date of the judgment or final order, shall be attached to result of your failure to comply. this notice of appeal at the time it is filed in the district court. History Witness, Honorable , one of the Justices of the [As amended, effective May 1, 1986, October 1,of 1991: January ,1, 1995, January, 1, 1997] Court in County, day 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com