Rule 45.07. Protection of Persons Subject to Subpoena

(1) A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a non-party witness subject to the subpoena and shall provide the non-party witness at least twenty-one (21) days after service of the subpoena to respond, absent agreement of the non-party witness or a court order.

(2) A non-party witness commanded to give deposition testimony or to produce documents or tangible things or to permit inspection shall serve on the party or attorney designated in the subpoena a written objection, if any, to having to give testimony or to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises, or to producing electronically stored information in the form or forms requested.  Such objection must be served on the party or attorney designated in the subpoena within twenty-one days after the subpoena is served.

(3) At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling testimony, production or inspection.

(4) The Court may: (1) grant the motion to compel testimony or production or inspection, or modify the subpoena if it is unreasonable and oppressive; or (2) condition the grant of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable costs of producing the books, papers, documents, electronically stored information, or tangible things.  The timely service of an objection obviates the need for compliance with the deposition subpoena pending further order of the court.  The failure to serve an objection within the time period specified herein waives all objections to the subpoena except the right to seek the reasonable costs for producing books, papers, documents, electronically stored information, or tangible things.

[As enacted by order entered January 29, 1987, effective August 1, 1987; and by order entered January 6, 2005, effective July 1, 2005; and amended by order entered January 8, 2009, effective July 1, 2009; by order filed December 21, 2010, effective July 1, 2011; and by order filed December 18, 2012, effective July 1, 2013.]

Click here for Advisory Commission Comments to Rules 45.01-45.08.


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