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Rule 434.1. Subpoena to Attend and Testify

  • A subpoena is an order of the court commanding a person to attend and testify at a particular time and place. It may also require the person to produce documents or things which are under the possession, custody or control of that person.
  • A subpoena may be used to command a person to attend and to produce documents or things only at
    (1) a trial or hearing in an action or proceeding pending in the court, or
    (2) the taking of a deposition in an action or proceeding pending in the court.
  • A subpoena may not be used to compel a person to appear or to produce documents or things ex parte before an attorney, a party or a representative of the party.

Adopted December 14, 1989, effective January 1, 1990. Amended April 7, 1997, effective July 1, 1997; November 24, 1998, effective January 1, 1999.

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