Rule 1123 Subpoenas
Chapter 11: General Provisions
Rule Text
A. Contents. A subpoena in a dependency case shall:
1) order the witness named to appear before the court at the date, time, and place specified;
2) order the witness to bring any items identified or described;
3) state on whose behalf the witness is being ordered to testify; and
4) state the identity, address, and phone number of the person who applied for the subpoena.
B. Service.
1) Method of Service. A subpoena shall be served upon a witness by:
a) in-person delivery;
b) registered or certified mail, return receipt requested; or
c) first-class mail.
C. Duration. A subpoena shall remain in force until the end of a proceeding.
D. Bench Warrant. If any subpoenaed person fails to appear for the hearing and the court finds that sufficient notice was given, the judge may issue a bench warrant pursuant to Rule 1140.
E. Parental notification.
1) Generally. If a witness is a minor, the witness’s guardian shall be
a) notified that the minor has been subpoenaed; and
b) provided with a copy of the subpoena.
2) Exception. Upon prior court approval and good cause shown, a subpoena may be served upon a minor without such notification to the guardian. If and when necessary, request for such prior court approval may be obtained ex parte.
Amendment history: The provisions of this Rule 1123 amended May 12, 2008, effective May 12, 2008, 38 Pa.B. 2360; amended March 19, 2009, effective June 1, 2009, 39 Pa.B. 1614; amended September 25, 2009, effective immediately, 39 Pa.B. 5544. Immediately preceding text appears at serial pages (342559) to (342560).