Legal Question in Civil Litigation in New Mexico

My third cousin, Arden Bogart Jr. dissapeared from Santa Fe, NM in Feb. of 1988. I am trying to launch a private investtigation into the case with the help of a PI friend of mine. I have contacted the Police about obtaining a copy of their information, and they told me that if I sent a FOIA request, all I would receive would be a basic bare bones report, but that if I were to send a subpoena, they would issuse me a full copy. I have no idea about how to go about getting the subpoena, and I'm really hoping you can help me because every one else seems to just ignore me. Thank you in advance.

Ryan


Asked on 7/22/09, 2:53 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

For the purposes of your question, subpoenas may be issued only in actions in one of the official New Mexico courts. In other words, a lawsuit must be pending. Thus you would have to sue the Santa Fe PR under FOIA. Not a good idea if you don't have to. First, call again and ask if there is any way short of a subpoena to obtain the records. Offer to release them from liability for so doing. Work with them. Ask them what they think the options are and which one they would prefer. Then do that. As a last result, consult a trial lawyer.

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Answered on 8/03/09, 6:24 pm


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