§388 Subpena for Attendance at Deposition

Summary

A party can ask a judge or court clerk to issue a subpoena to make someone appear for a deposition. The judge or clerk can be from the U.S. district court, a state court of record, or a county court of record where the deposition will take place. The subpoena must be served on the witness at least three days before the required date by a person who is not a party and who is at least 18 years old. The server must give the witness a copy and pay one day’s attendance fee and the mileage set by law, and then file sworn 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, or are served, or within 40 miles of where they were served. Every subpoena must name the officer who issued it, list the case title, and say when and where the witness must testify. A subpoena can also ask for documents. The committee can quickly move to change or cancel a document subpoena if it is unreasonable or make the requesting party pay reasonable production costs. Certified copies of public records may be used instead of originals.