Rule Text
(a) The party seeking production may serve on the person named in the subpoena a copy of the subpoena only if it is identical to the subpoena attached to the notice of intent to serve the subpoena and if the party seeking production has filed of record a certificate that
(1) the notice of intent to serve a subpoena was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served,
(2) a copy of the notice of intent, including the proposed subpoena attached to the notice of intent, is attached to the certificate,
(3) no objection to the subpoena has been received, and
(4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena.
(b) The subpoena shall be issued as provided by Rule 234.2(a) and shall be served in the manner provided by Rule 234.2(b).
Amendment history: The provisions of this Rule 4009.22 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial pages (228829) to (228830).
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
When one side in a lawsuit wants to get documents from someone who is not a party to the case, they cannot simply send a subpoena right away. First, they must send a "notice of intent" to all other parties in the case at least 20 days before they plan to serve the subpoena. This gives everyone a chance to object if they have a problem with it.
After those 20 days pass, the party can only send the subpoena if no one objected to it. They also have to file a certificate with the court confirming that they sent the notice on time, that no objections were received, and that the subpoena they are sending is exactly the same as the one they described in the notice. Nothing can be changed between the notice and the actual subpoena.
The subpoena itself must be issued and delivered following the standard rules for subpoenas in Pennsylvania, which are set out in Rule 234.2.
Committee Notes
For the form of the certificate, see Rule 4009.25.
The twenty-day advance notice is for the benefit of the parties and not the person served. The twenty-day notice period may be waived and the certificate modified accordingly.
Rule 234.2(a) governs the issuance by the prothonotary of a subpoena to testify. Rule 234.2(b) governs service of a subpoena to testify.
For the form of a subpoena to produce, see Rule 4009.26.
