COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : CIVIL FORMS 4-964 Supreme Court Approved : Calendar No. February 27, 2001 Plaintiff(s) 1 4-964. Index No. -against- : JUDICIAL SUBPOENA : 2 [Standard simplified order to appear at hearing, : 3 Family Violence Protection Act, Sections 40-13-1 to 40-13-8 NMSA 1978.] 4 : 5 _______________ JUDICIAL DISTRICT COURT 6 COUNTY OF ___________________________ Defendant(s) : 7 STATE OF NEW MEXICO ...................................................... 8 9 10 ________________________________________ 11 Petitioner THE 12 PEOPLE OF THE STATE OF NEW YORK 13 v. No. ____________ TO 14 15 _________________________________________ 16 Respondent 17 GREETINGS: 18 ORDER TO APPEAR 19 20 You areCOMMAND YOU, that all business and excuses being laid aside, youcourt, roomyou attend before WE hereby ordered to appear in the _____________ judicial district and each of 21 Honorable ________________________ (address), before _____________________, at ____, at , the at the Court 22 ______ (a.m.) (p.m.) on __________________ (date) for hearing on whether an order of located at County of 23 room protection against domestic abuse will be issued. ,You may bring witnesses or evidenceat any recessed in , on the day of , 20 at o'clock in the noon, and 24 adjourned date, to testify and by counsel at this witness in Youactionfile the part of the Petition and may be represented give evidence as a hearing. this may on a Response to or 25 for Order of Protection from Domestic Abuse (Form 4-962) at or before the hearing. 26 27 If you fail to attend this hearing, an order of protection may be entered by default against 28 youYour a bench warrant may thisissued for is punishable as a contempt of court and will make you liable to and failure to comply with be subpoena your arrest. 29 party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a the 30 [] DO NOT BRING ANY CHILDREN TO THE HEARING. result of your failure to comply. 31 32 _____________________________ Witness, Honorable , one of the Justices of the 33 District Judge 34 Court in County, day of , 20 35 USE NOTE 36 37 This form is for use when petitioner does not seek a temporary order of (Attorney must order of 38 protection and also when the petitioner seeks a temporary sign above and type name below) 39 protection, but the court denies the request. 40 41 The date for hearing should be set in accordance with the mandate of Attorney(s) for 42 Section 40-13-4(D) NMSA 1978 which provides that "if an ex parte order 43 is not granted," the court "shall serve notice to appear upon the parties and 44 hold a hearing on the petition for order of protection within seventy-two 45 hours after the filing of the petition." 46 Office and P.O. Address 47 The Order to Appear requires a proof of return of service. The Committee 48 has been informed that each local law enforcement agency has its own 49 return of service form which will be used for this purpose. Telephone No.: 50 51 [Approved, effective November 1, 1999 until July 1, 2001; approved, effective May 1, Facsimile No.: 52 2001.] E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com