RULE 45. SUBPOENA

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Rule 45.02: For Production of Documents and Things or Inspection of Premises.

A subpoena may command a person to produce and permit inspection, copying, testing, or sampling of designated books, papers, documents, electronically stored information, or tangible things, or inspection of premises with or without commanding the person to appear in person at the place of production or inspection. When appearance is not required, such a subpoena shall also require the person to whom it is directed to swear or affirm that the books, papers, documents, electronically stored information, or tangible things are authentic to the best of that person’s knowledge, information, and belief and to state whether or not all books, papers, documents, electronically stored information, or tangible things responsive to the subpoena have been produced for copying, inspection, testing, or sampling. Copies of the subpoena must be served pursuant to Rule 5 on all parties, and all material produced must be made available for inspection, copying, testing, or sampling by all parties. [As amended by order entered December 14, 2009, effective July 1, 2010.]

A party serving a subpoena requiring production of electronically stored information shall take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena.

An order of the court requiring compliance with a subpoena issued under this rule must provide protection to a person that is neither a party nor a party's officer from undue burden or expense resulting from compliance.

A command to permit inspection, copying, testing, or sampling may be joined with a command to appear at trial or hearing, or at a deposition, or may be issued separately. A subpoena may specify the form or forms in which electronically stored information is to be produced.

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