STATE OF NEW MEXICO e90 ?94,9 (. . SANTA FE COUNTY e9 FIRST JUDICIAL DISTRICT COURT 0:9 A 490; 3% @9049 06' 5x: A .5 '0 STATE OF NEW MEXICO. "mfg/0,266? Plaintiff. 6? 996?? v. lady/(AU PHIL A. SRIEGO, Defendant. SUBPOENA SUBPOENA FOR: APPEARANCE OF PERSON FOR: [1 STATEMENT [1 DEPOSITION [1 TRIAL [x1 SUBPOENA FOR DOCUMENTS OR OBJECTS [1 INSPECTION OF PREMISES . T0: Raul E. Burciaga, Director Legislative Council Service 411 State Capitol 490 Old Santa Fe Trail Santa Fe, NM 87501 YOU ARE HEREBY COMMANDED TO APPEAR as follows: PLACE: New Mexico Office Of the Attorney General, 408 Galisteo St., Santa Fe. New Mexico 87504 DATE: Monday, March 14. 2016 TIME: 9:00 am. TO: testify at the taking of a deposition in the above case testify at trial permit inspection of the following described documents or objects (see below) permit the inspection of the premises located at: give a statement Please contact Agent Mark A. Pinto at 505-218-3259 upon receipt of this subpoena. YOU ARE COMMANDED to bring with you the following documents: 1. The complete ?202 ?le" related to HJR 8 2014. "Disposal of Santa Fe Surplus Land?, sponsored by Representative Jim R. Trujillo. Including all materials contained within. 2. All records relating to the Senate Hearing Subcommittee of the interim Legislative Ethics Committee, 52"d Legislature. First Session 2015 (Senator Phil A. Griego). This Includes all agendas. minutes. rosters. exhibits, attachments. recordings. reports. and associated materials related to this matter. IN LIEU OF APPEARING, you may deliver the aforementioned documents to Agent Mark A. Pinto at the above address any time before the time you are required to appear. iF YOU DO NOT COMPLY WITH THIS SUBPOENA you may be held in contempt of court and punished by ?ne or imprisonment. .- mey General Date: M353 5 WITNESS MY HAND and the SEAL of this Court this 5: day of March, 2016. THIS SUBPOENA is issued by or at the request of Name of attorney of party ill QM Egg. 5114.52.11 300,5gwmmA/M 37MZ Address (505) Zsznaso Telephone number In) RETURN FOR COMPLETION BY SHERIFF OR DEPUTY I certify that on the __day of 2016, in County, I served this subpoena on by delivering to the person named a copy of the subpoena. Sheriff/deputy sheriff RETURN FOR COMPLETION BY OTHER PERSON MAKING SERVICE I. being duly sworn. on oath say that I am over the age of eighteen (18) years and not a party to this lawsuit. and that on the day of . 2016, In County, I served this subpoena on by delivering to the person named a copy of the subpoena. Person making service SUBSCRIBED AND SWORN to before me this day of . 2016. Judge, notary of other of?cer authorized to administer oaths CERTIFICATE OF SERVICE BY ATTORNEY I certify that I caused a copy of this subpoena to be served on the following persons or entities by (delivery) (mail) on this _day of . 2016 - (1) (Name of party) (Address) (2) (Name of party) (Address) Attorney Signature Date of signature TO BE PRINTED ON EACH SUBPOENA 1. A command to produce evidence or to permit Inspection may be joined with a command to appear for a deposition or trial. I 2. A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or Inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. 3. Payment of per diem and mileage for subpoenas issued by the district attomey, attorney general, public defender or an attorney appointed by the court, district attorney, attorney general or public defender is made pursuant to regulations of the Administrative Office of the Courts. The bracketed language should be deleted if the subpoena is issued by the state or the public defender. A subpoena by a private party or corporation must be accompanied by the payment of. one full day's per diem. Mileage must also be tendered at the time of service of the subpoena as provided by the Per Diem and Mileage Act. 4. To be completed only if the subpoena is commanding production of documents and things or inspection of premises before trial. if the subpoena is commanding production of documents and things or inspection of premises before trial, it must be served on each party in the manner provided by Rules 5-103, 5-103.1 or 5-1 03.2 NMRA. if sen/ice is by a party, an affidavit of service must be used instead of a certi?cate of service. PROTECTION OF PERSONS SUBJECT TO SUBPOENAS A party or an attomey responsible for the Issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to. lost earnings and a reasonable attorney's fee. A person commanded to produce and permit Inspection and copying of designated books. papers. documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. Subject to Subparagraph (2) of Paragraph below, a person commanded to produce and permit inepection and copying may. within fourteen (14) days after service of the subpoena or before the time speci?ed for compliance if such time is less than fourteen (14) days after service. serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made. the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel production shall protect any person who is not a party or an of?cer of a party from signi?cant expense resulting from the inspection and copying commanded. 4 On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it: (1) fails to allow reasonable time for compliance, (2) requires a person who is not a party or an of?cer of a party to travel to a place more than one hundred miles from the place where that person resides. is employed or regularly transects business in person. except as provided below. such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held. or (3) requires disclosure of privileged or other protected matter and no exception or waiver applies, or (4) subjects a person to undue burden. If a subpoena: 1) requires disclosure of a trade secret or other con?dential research, development, or commercial information, or (2) requires disclosure of an unretained expert's opinion or information not describing speci?c events or occurrences in dispute and resulting from the expert's study made not at the request of any party. or (3) requires a person who is not a party or an of?cer of a party to incur substantial expense to travel. the court may. to protect a person subject to or affected by the subpoena, quash or modify the subpoena or. if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or - production only upon specified conditions. DUTIES IN RESPONDING TO SUBPOENA 1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (2) When information subject to a subpoena is withheld on a claim that it Is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents. communications, or things not produced that is suf?cient to enable the demanding party to contest the claim. RETURN FOR COMPLETION BY SHERIFF OR DEPUTY lcertify that on the day of Mow?w ,2016, in SAW 1% County, I served this subpoena on Jami Viacom by delivering to the, rson named a copy of the subpoena. - RETURN FOR COMPLETION BY OTHER PERSON MAKING SERVICE I. being duly sworn, on oath say that I am over the age of eighteen (18) years and not a party to this lawsuit, and that on the day of 2016, in County. I served this subpoena on by delivering to the person named a copy of the subpoena. Person making service SUBSCRIBED AND SWORN to before me this day of . 2016. Judge, notary of other of?cer authorized to administer oaths CERTIFICATE OF SERVICE BY ATTORNEY I certify that I caused a copy of this subpoena to be served on the following persons or entities by (delivery) (mail) on this _day of . 2016 (1) (Name of party) (Address) (2) (Name of party) (Address) Attorney Signature Date of signature