Skip to main content

Rule 45. SUBPOENA

(a) Witnesses. Witnesses for trial in paupers' cases must be compelled by subpoena or their voluntary attendance procured.

(b) Witnesses' Attendance and Mileage Fees. Tender of the witness fee and mileage is required even if the party requesting the subpoena has been granted leave to proceed in forma pauperis under 28 U.S.C. § 1915, except in habeas corpus cases and proceedings under 28 U.S.C. § 2255.

(c) Privileged Information. Information which is claimed to be privileged may be filed under seal under the provisions of L.U. CIV. R. 79.

(d) Non-Party ESI. Parties issuing a subpoena duces tecum for electronically stored information from non-parties must attempt to meet and confer with the non-party (or counsel, if represented) and discuss the same issues with regard to requests for ESI as set out in L.U. CIV. R. 26.

(e) Motions Regarding Subpoenas. Motions regarding subpoenas will be considered discovery motions and are governed by the procedural requirements that govern discovery motions.