§ 57.09 Subpoena for Taking Deposition
57.09. Subpoena for Taking Deposition
(a) For Attendance of Witnesses; Form; Issuance.Every subpoena shall:
(1) Be issued by the officer or person before whom depositions may be taken as designated in Rule 57.05 or 57.06 or by the clerk of the court in which the civil action is pending;
(2) State the name of the court and the title of the civil action; and
(3) Command each person to whom it is directed to attend and give testimony at a time and place therein specified.
(b) For Production of Documentary Evidence. In conjunction with a deposition properly noticed under Rule 57.03, a subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein.
The court may:
(1) Quash or modify the subpoena if it is unreasonable or oppressive, or
(2) Require the party seeking discovery to advance the reasonable cost of producing the books, papers, documents, or tangible things.
(c) Protection of Persons Subject to Subpoenas.A party shall serve a subpoena for the production of documentary evidence on a non-party not less than seven days before the time specified for compliance.
A party or attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a non-party subject to the subpoena.
A non-party commanded to produce and permit inspection and copying may serve the party seeking discovery with a written objection to inspection and copying of any or all of the designated materials. The objection shall state specific reasons why the subpoena should be quashed or modified.
The objection shall be served on all parties to the action within ten days after service of the subpoena or before the time specified for compliance, whichever is earlier.
If a timely and specific objection is made, the party seeking discovery shall not be entitled to inspect and copy the materials except pursuant to an order of the court.
Upon notice to the non-party commanded to produce, the party seeking discovery may move at any time for an order to compel production.
(d) Service.A subpoena may be served by:
(1) The sheriff or a sheriff's deputy, or
(2) Any other person who is not a party and is not less than eighteen years of age.
Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to that person the fees and mileage the witness would have been entitled to receive for attending court pursuant to subpoena.
(e) Authorization to Issue Subpoena.Proof of service of a notice to take a deposition as provided in Rules 57.03 and 57.04 is sufficient to authorize the issuance of a subpoena for taking a deposition.
(f) Contempt.Any person who without adequate excuse fails to obey a subpoena served upon the person may be held in contempt of the court in which the civil action is pending.