N.M. R. Child. Ct. 10-705

As amended through August 23, 2024
Rule 10-705 - Summons to parent or custodian or guardian - Delinquency Proceeding

STATE OF NEW MEXICO

COUNTY OF _______________

________________ JUDICIAL DISTRICT

IN THE CHILDREN'S COURT

In the Matter of _____________ , a Child. No. __________

SUMMONS TO PARENT OR CUSTODIAN OR GUARDIAN DELINQUENCY PROCEEDING1

TO: ______________________________

Name of parent or custodian or guardian

______________________________

Address

If you need help reading this document, you can call __________________ , and the court will appoint an interpreter for you at no charge.

YOU ARE ORDERED TO PERSONALLY APPEAR before the Children's Court Division of the District Court at __________________ (set forth address of court) on

____________ (date) at the hour of ________ (a.m.) (p.m.) to participate in these proceedings.

If you do not appear at the time and place set forth above, you may be held in contempt of court and punished by fine or imprisonment.

YOU ARE NOTIFIED that a petition has been filed in this court alleging that you are the [parent] [custodian] [guardian] of a child who is alleged to have

[ ] committed the following delinquent acts __________________ (common name and description of each delinquent act ).

[ ] violated [his] [her] conditions of probation by __________________ (briefly describe conditions imposed and acts violating those conditions ).

Attached to this summons is the petition alleging delinquency [and the motion to join parent/custodian/guardian as a party]1.

Service of this summons shall be by mail unless otherwise ordered by the court.

Dated this ________ day of _____________ , ________ .

____________________________________

Clerk, District Court Children's Court Division

____________________________________

Address

____________________________________

Telephone number

CERTIFICATE OF MAILING

I certify that I mailed a copy of the summons and a copy of the petition filed herein to:

______________________________

Name of parent or custodian or guardian

______________________________

Address

______________________________

City and zip code

on the ________ day of ______________ , ________ .

____________________________________

Signature of Children's Court Attorney

____________________________________

Title

CERTIFICATE OF PROCESS SERVER2

I, __________________ , certify that I am over the age of eighteen (18) years and not a party to this lawsuit, and that I served this summons in the State of New Mexico on the ________ day of ______________ , ________ , by delivering a copy thereof, with a copy of petition [and a copy of the motion to join the parent/custodian/guardian as a party]1 attached, in the following manner:

(check one box and fill in appropriate blanks)

[ ] by delivering the summons and petition to ___________________ (set forth

name of parent or custodian or guardian to be served). (This alternative is used when the person to be served is served or refuses to accept summons).

[ ] by delivering the summons and petition to ______________ , a person of suitable age and discretion then residing at the usual place of abode of __________________ (set forth name of parent or custodian or guardian served).

by delivering the summons, petition and motion to ______________ (if another manner of service has been ordered by the court, set forth how served).

____________________________________

Signature of person making service

____________________________________

Title (if any)

USE NOTES

1. This form is to be used for service on a parent, custodian, or guardian of a child alleged to have committed a delinquent act. A copy of the summons and petition must be served on the respondent. If a written motion to join the parent has been filed with the court, it must also be served with the summons and petition on the respondent and the parent.
2. To be completed only if personal service is ordered by the court.

N.M. R. Child. Ct. 10-705

Adopted, effective 9/1/1995; 10-404A recompiled and amended as 10-705 by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed on or after12/31/2016.

ANNOTATIONS The 2016 amendment, approved by Supreme Court Order No. 16-8300-017, effective December 31, 2016, changed the caption of the case, rewrote the form, making it applicable to the "guardian" of a child alleged to have committed a delinquent act, in addition to a parent or custodian, and revised the Use Notes. Recompilations. - Pursuant to Supreme Court Order No. 16-8300-017, former 10-404A NMRA was recompiled and amended as Form 10-705 NMRA, effective for all cases pending or filed on or after December 31, 2016.