Close Close

Clerk Handbooks
Supreme Court Rules



Section/Rule:
26.02

Subject:
Rule 26 - Rules of Criminal Procedure - Misdemeanors or Felonies - Witnesses - Subpoena
Publication / Adopted Date:
June 13, 1979

Topic:
Misdemeanors or Felonies - Witnesses - Subpoena
Revised / Effective Date:
January 1, 1980

26.02. Misdemeanors or Felonies - Witnesses - Subpoena

(a) For Attendance of Witnesses; Form; Issuance. A subpoena shall be issued by the clerk under the seal of the court. It shall state the name of the court and the title of the proceedings and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. he clerk shall issue a subpoena, signed and sealed but otherwise in blank to a party requesting it, who shall fill in the blank before it is served.

(b) For Production of Documentary Evidence and of Objects. A subpoena duces tecum may also command the person to whom it is directed to produce the books, papers, documents, or other objects designated therein.

(c) Motion to Quash or Modify. The court on motion made promptly may quash or modify the subpoena if compliance would be unreasonable or oppressive. The court may direct that books, papers, documents, or objects designated in a subpoena duces tecum be produced before the court at a time prior to the trial or prior to the time when they are offered in evidence and may upon their production permit the books, papers, documents, or objects, or portions thereof, to be inspected by the parties or their attorneys.

(d) Service - Tender of Fees and Mileage Not Required. A subpoena may be served by the sheriff or by any other person who is not a party and who is not less than eighteen years of age. Service of the subpoena shall be made by delivering a copy thereof to the person named. A subpoena may be served any place within the state. Fees and mileage need not be tendered to the witness upon service of a subpoena.

(e) Return.

(1) Every officer to whom a subpoena is delivered for service shall make return thereof in writing as to the time, place, and manner of service of such subpoena, and shall sign such return.

(2) If service of such subpoena is made by a person other than an officer such person shall make affidavit as to the time, place, and manner of service thereof.

(f) For Taking Deposition. Service of a notice to take a deposition authorizes the clerk of the court or a notary public to issue subpoenas for the persons named or described therein.

(g) Contempt. Any person who, without good cause, does not obey a subpoena shall be subject to contempt of court proceedings.

(Adopted June 13, 1979, eff. Jan. 1, 1980.)

COMMITTEE NOTE - 1979