Rule 45.1 Notice to Appear in Lieu of Subpoena

(a) In the case of the production of a party to the record of any civil action or proceeding or of a person for whose immediate benefit an action is prosecuted or defended or of anyone who is an officer, director, or managing agent of any such party or person, the service of a subpoena upon any such witness is not required if written notice requesting such witness to attend before a court, or at a trial of an issue therein with the time and place thereof, is served upon the attorney of such party or person. Such notice must be served at least 10 days before the time required for attendance unless the court prescribes a shorter time. The giving of such notice must have the same effect as service of a subpoena on the witness, and the parties must have such rights and the court may make such orders, including the imposition of sanctions, as in the ase of a subpoena for attendance, before the court.

(b) If the notice specified in 45(a) is served at least 20 days before the time required for attendance, or within such shorter time as the court may order, it may include a request that such party or person bring books, documents, or other things. The notice must state the exact materials or things desired and that such party or person has them in the possession or under the control of such party.

(c) The procedure of this Rule is alternative to the procedure provided by Rule 45 in the cases herein provide for, and no subpoena duces tecum must be required.