Rule 123 Subpoenas

A. Contents. A subpoena in a delinquency 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) by first class mail.

2) Proof of Service. The following shall be prima facie evidence of service of the subpoena:

a) A completed return receipt;

b) Hand signed receipt of personal delivery; or

c) Affidavit of in-person delivery signed by a process server.

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 140.

E. Parental notification.

1) Generally. If a witness is a minor, the witness’s guardian shall be notified that the minor has been subpoenaed.

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.