COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : LR8-Form 11 Approved : Plaintiff(s) LR8-Form 11 -against- STATE OF NEW MEXICO EIGHTH JUDICIAL DISTRICT COURT COUNTY OF ___________________ : Index No. Supreme Court Calendar No. April 4, 2000 JUDICIAL SUBPOENA : : : ______________________, Defendant(s) : . . . . . Petitioner, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............. v. No. __________ THE PEOPLE OF THE STATE OF NEW YORK ______________________, TO Respondent. TEMPORARY DOMESTIC ORDER This matter comes before the court upon the filing of a petition for dissolution of marriage or upon the filing of GREETINGS: an action pursuant to Section 40-4-3 NMSA 1978. The court finds COMMAND YOU, that all business and excuses being laid aside, you and each ofthe attend before WE it is in the best interests of the parties and of you public in this action to issue this order, , the Honorable at the Court located at County of IT , on the IS THEREFORE ORDERED:20 in room day of , , 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 1. Neither party shall molest, intimidate, threaten, harass, injure or physically or mentally abuse the other party or any children of either party. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to 2. Neither party shall remove, cause to be removed, the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a or permit the removal of any minor children of the parties result from the State of New mexico without the written consent of of your failure to comply. the other party. Witness, Honorable , one of the Justices of the 3. Neither party shall incur unreasonable or Court in County, day of , 20 unnecessary debts hereafter. An unreasonable debt is one which is incurred during separation that does not contribute to the benefit of both parties or their dependents. Any (Attorney after the date of unreasonable or unnecessary debt incurredmust sign above and type name below) the filing of the petition shall presumptively be assessed against the party incurring any such debt. The court specifically reserves the right to allocate the expenses and Attorney(s) for fees of this action. 4. Neither party shall cause the other party or the children of the parties to be removed from existing insurance coverage, including but not limited Address Office and P.O. to medical, hospital, dental, automobile or disability insurance, and each party shall maintain all such insurance coverage in full force and effect. Telephone No.: 5. Neither party shall changeFacsimile No.: the beneficiaries of E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : LR8-Form 11 Approved : Plaintiff(s) : Index No. Supreme Court Calendar No. April 4, 2000 JUDICIAL SUBPOENA -againstany existing life insurance policies, : and each party shall maintain the existing life insurance policies in full force : and effect. : 6. No party shall conceal or damage any property, real or personal, community or separate. Neither party Defendant(s) shall dissipate, sell, remove, assign, transfer, dispose of, : . . . . . lend,. .mortgage,. .or. .encumber . . . . . . .property, real or personal, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . any . . . . . . . community or separate, except in the ordinary course of business or for the necessities of life. In the case of transactions made in the ordinary course of business, an THE PEOPLE OF THE STATE OF NEW YORK shall be made at least quarterly itemized written accounting to the other party. In the case of dispositions made for TO the necessities of life, an itemized written accounting shall be made to the other party within thirty (30) days of said disposition. 7. GREETINGS: In the event the parties are living in the same residence at the time of the service of this order, the parties shall YOU, that allto decide between laid aside, you andwhich you attend before WE COMMAND attempt business and excuses being themselves each of party shall move from the family residence. The party , the Honorable at the Court moving out of the located at residence is not prejudiced by reason of County of the move, on the in any way of in room day with respect to custody of the , 20 , at o'clock in any minor at any recessed noon, and children, with respect to a claim of any interest in the or adjourned date, to testify and give evidence as a witness in this action on the part of the family residence, or the personal property in or on the premises. 8. If the parties do not determine which party will Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to move from the residence, the court will decide the issue at the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a a hearing on interim relief, considering among others the result following to comply. of your failure facts: (a) Witness, Honorable Minor children should continue to the Justices inthe , one of reside of the family County, residence during the, 20 pendency of this case. Court in day of (b) The parent who is and has been primarily caring personally for the children's basic daily needs (Attorney must sign above and type name below) should remain in the family residence during the pendency of this case. (c) The spouse who maintains his or her principal place of business within the family Attorney(s) for should residence continue to reside in the family residence during the pendency of this case. 9. If there are minor children, the P.O. Address Office and person moving from the family residence shall be entitled to continue to have frequent contact and communication with the children, in person and by telephone. If the parties cannot agree on 2 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : LR8-Form 11 Approved : Plaintiff(s) : Index No. Supreme Court Calendar No. April 4, 2000 JUDICIAL SUBPOENA -againsta time-sharing arrangement during the : pendency of this case, a mediation order will be entered immediately. If the issue : is not resolved by agreement through mediation, the court will establish a time-sharing arrangement at a hearing on a : motion for interim relief. Defendant(s) 10. The person moving from the family residence may : . . . . . return . to. . pick . .up . . . . . . . . . . . . . belongings . and effects at a . . . . . . . . . . . . . . . . . personal . . . . . . . . . . . . . reasonable time to be agreed upon. Personal belongings and effects do not include furniture unless the parties agree or the court decides the issue at a hearing on interim relief. THE PEOPLE OF THE STATE OF NEW YORK 11. Any party receiving personal mail or packages TO addressed only to the other party shall not open them, but shall forward or arrange to have such mail or packages delivered promptly to the other party. Personal mail addressed to both parties or concerning the children and mail related to the parties' income, debts or property, may GREETINGS: be opened by the person who receives it, but any party receiving suchYOU, thatshall promptly send laid copy you and eachother attend before WE COMMAND mail all business and excuses being a aside, to the of you party. , the Honorable at the Court located at County of 12., onUnless day of parties, 20 the agreeatin writing, the in room the , o'clock in neither party recessed noon, and at any shall cancel any credit cards during pendency of this action or adjourned date, to testify and give evidence as a witness in this action on the part of the or cause the other party to be removed from any credit card account. All charges on credit cards are subject to the limitations of paragraph 3 of this order. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to 13. Each party is advised that all earned income is the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a community property, and that income from all sources result acquired during the marriage is generally community of your failure to comply. property. Likewise, each party is advised that all debt obligations, existing and recurring, are generally Justices of the Witness, Honorable , one of the community obligations. Each party has a ,one-half interest in all Court in County, day of 20 community income and property and is obligated to pay onehalf of all existing and recurring community debts. During the pendency of the case the income and debts are generally equally divided, provided, however, (Attorney must sign above and who has that the party type name below) the principal care of any children will be allocated a greater proportion of the income during the pendency of the action. If the parties agree upon the interim division of Attorney(s) for income and payment of debts, a stipulated order on the court form of order regarding the interim division of income and expenses shall be submitted to the court for signature and filing. If the parties cannot agree, the court will determine the division at a hearing Office and P.O. Address interim on a motion for relief. 14. Within twenty (20) days of the filing of an answer 3 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : LR8-Form 11 Approved : Plaintiff(s) : Index No. Supreme Court Calendar No. April 4, 2000 JUDICIAL SUBPOENA -against: by respondent, respondent shall complete respondent's portion of the TDO affidavit, file it and mail a copy to : petitioner. : 15. Within twenty (20) days of the filing and service of respondent's answer, each party shall mail or deliver to Defendant(s) the other party documents reflecting current income from all : . . . . . sources,. .including. .but. .not . limited . .to . wage statements for .......... ........... ... .... ......... .. the last four pay periods and interest, dividends or other income statements showing the current total gross income, deductions and net income received by that party. Within THE PEOPLE OF THE STATE OF NEW YORK the same period each party shall also mail or deliver to the other party copies of the most recent personal state and TO federal tax returns with all schedules and attachments. 16. Within twenty (20) days of the filing and service of respondent's answer, each party shall deliver or mail to the other party copies of all current unpaid bills, GREETINGS: statements, and due notices from all creditors. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before petitioner as of , the Honorable17. This order is effective on theCourt at the the date and time located at of filing and is effective on the County of respondent the on , at in room , on when it is served, 20 the respondent the day of o'clock in or noon, and at any recessed respondent's counsel. or adjourned date, to testify and give evidence as a witness in this action on the part of the 18. This order shall continue in effect except as specifically or necessarily modified by written agreement of the parties comply with this subpoena is punishable as a contempt of court and will make you liable to or order of the court. Your failure to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a DISOBEDIENCE OF THIS ORDER CAN CONSTITUTE CONTEMPT result of your OF COURT, AND SUBJECT THE VIOLATOR TO FINE, failure to comply. IMPRISONMENT OR OTHER SANCTIONS, PLUS PAYMENT OF ATTORNEY'S Witness, Honorable FEES AND COSTS TO THE OTHER ,PARTY. Justices of the one of the Court in County, day of , 20 USE NOTE A TDO shall be effective upon filing, and shall (Attorney must sign above and type name below) not require a judge's signature. The parties to a domestic relations cause shall be bound by any TDO filed. Attorney(s) for [Rule 13, approved, effective January 1, 1991; LR8-108A NMRA; as amended, provisionally and recompiled, effective July 1, 2000 until statewide domestic rules and forms are adopted by the Supreme Court.] Office and P.O. Address 4 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com