Rule 45 Subpoena
Rule Text
(a) For Attendance of Witnesses; Form; Issuance. Every subpoena shall be issued by the clerk under the seal of the court, 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 a time and place therein specified. The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service.
(b) For Production of Documentary Evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.
(c) Service. A subpoena may be served by the marshal, by his deputy, or by any other person who is not a party and is not less than 18 years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to him the fees for one day’s attendance and the mileage allowed by law. When the subpoena is issued on behalf of the American Samoa Government or an officer or agency thereof, fees and mileage need not be tendered.
(d) Subpoena for Taking Deposition; Place of Examination. Proof of service of notice to take a deposition as provided in 30(b) and 31(a) TCRCP constitutes a sufficient authorization for the issuance by the clerk of court of subpoenas for the persons named or described therein. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, or tangible things which constitutes or contain matters within the scope of the examination permitted by 26(b) TCRCP but in that event the subpoena will be subject to the provisions of 26(c) TCRCP and subdivision (b) of this rule. The person to whom the subpoena is directed may, within 10 days after the service thereof or on or before the time specified after in the subpoena for compliance if such time is less than 10 days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. The party serving the subpoena may, if objection has been made, move upon notice to the deponent for an order at any time before our during the taking of the deposition.
(e) Subpoena for a Hearing or Trial.
(1) At the request of any party subpoenas for attendance at a hearing or trial shall be issued by the clerk of court
(2) (OMITTED).
(f) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued.