§388 Subpena for attendance at deposition

Summary

A party can get a subpoena to make someone appear at a deposition, and a judge or clerk of the federal district court, or of the state or county court of record where the deposition will happen, must issue it. The subpoena must be served at least three days before the required attendance by a person who is not a party and who is at least eighteen years old. The server must give the witness a copy and the fee for one day's attendance plus the mileage allowed by section 389, then swear and file written proof of service with the Clerk. A witness can be required to attend only in the county where they live, work, do business in person, were served, or within forty miles of the place of service. Each subpoena must show who issued it and the case name, and must tell the witness when, where, and before whom to testify. A subpoena can also order books, papers, or other things to be produced. The committee may quickly move to cancel or change an unreasonable subpoena or require the issuing party to pay the reasonable cost of producing the items. Certified copies of public records may be used instead of originals.