RULE 45. SUBPOENA

218

Rule 45.01: For Attendance of Witnesses — Form — Issuance.

Every subpoena shall be issued by the clerk, shall state the name of the court and the title of the action, and [shall] command each person to whom it is directed to attend and give testimony at the time and place and for the party therein specified. The clerk shall issue a subpoena or a subpoena for the production of documentary evidence, signed but otherwise in blank, to a party requesting it, who shall fill it in before service. [As amended by order entered January 26, 1999, effective July 1, 1999; by order entered January 28, 2000, effective July 1, 2000; by order filed January 23, 2012, effective July 1, 2012; and by order filed December 28, 2012, effective July 1, 2013.]

Advisory Commission Comments. [2012].

Rule 45.01 is amended to ensure that persons served with subpoenas receive adequate notice, simultaneously with service, that, as provided for in Rule 45.07, the failure to file a motion to quash or modify within fourteen days of service of the subpoena will result in the waiver of the right to seek relief from the subpoena (other than the right to seek the reasonable costs for producing books, papers, documents, electronically stored information, or tangible things). [The notice requirement in Rule 45.01, adopted in 2012, was subsequently deleted from Rule 45.01 and moved to Rule 45.04.  See Rule 45.04, Advisory Commission Comment (2013).]

Advisory Commission Comments. [2013].

The amendment deletes language setting out a 14-day time period to file a motion to quash and requiring a notice on the face of the subpoena.  That language should not apply to a trial subpoena.  Because Rule 45.01 relates to subpoenas in general and the 14-day time period was intended to address the more limited circumstance when a non-party receives a deposition subpoena, the provisions setting out the timing and placing of the notice were deleted from this rule and moved to Rules 45.04 and 45.07, where they properly belong.

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