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Rule 17 Subpoenas

Arraignment, Pleas and Pretrial Proceedings

(a) For Attendance of Witnesses; Form; Issuance. A subpoena for court hearings, depositions, or trials may be issued by the clerk of any court or any justice as defined by statute. A notary may issue a subpoena for depositions only. A subpoena shall comply with the form required by statute and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein.

(b) For Production of Documentary Evidence and of Objects. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or other objects designated therein at the time and place specified therein.

(c) Service. Service of a subpoena shall be made by reading the subpoena to the person named or by giving that person in hand an attested copy thereof. A subpoena may be served by any person who is eighteen years of age or older.

(d) Subpoena for Out-of-State Witnesses. A subpoena for witnesses located outside the state shall be issued in accordance with RSA ch. 613.

(e) Contempt. Failure to obey a subpoena without adequate excuse may be punishable by contempt of court.

(f) Motions to Quash. An individual may request that the court quash a subpoena on the grounds of improper service, hardship, or otherwise as provided by law. Notice of the motion must be served on all parties. The court shall notify all parties of any hearing on the motion and the decision.