RULE 45. SUBPOENA
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 subpoena also must state in prominently displayed, bold-faced text: “The failure to file a motion to quash or modify within fourteen days of service of the subpoena waives all objections to the subpoena, except the right to seek the reasonable cost for producing books, papers, documents, electronically stored information, or tangible things.” 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; and by order filed January 23, 2012, effective July 1, 2012.]
Advisory Commission Comments. .
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).Back to Top