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NRCP Rule 45
RULE 45. SUBPOENA
(a) For Attendance of Witnesses; Forms; Issuance.
Every subpoena shall be issued by the clerk under the seal of the court, shall
state the name of the court and the title of the action, and shall command each
person to whom it is directed to attend and give testimony at a time and place
therein specified. The clerk shall issue a subpoena, or a subpoena for the
production of documentary evidence, signed and sealed but otherwise in blank,
to a party requesting it, who shall fill it in before service.
(b) For Production of Documentary Evidence. A
subpoena may also command the person to whom it is directed to produce the
books, papers, documents, or tangible things designated therein; but the court,
upon motion made promptly and in any event at or before the time specified in
the subpoena for compliance therewith, may (1) quash or modify the subpoena if
it is unreasonable and oppressive or (2) condition denial of the motion upon
the advancement, by the person in whose behalf the subpoena is issued, of the reasonable
cost of producing the books, papers, documents, or tangible things.
(c) Service. A subpoena may be served by the
sheriff, by his deputy, or by any other person who is not a party and is not
less than 18 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
him the fees for one day’s attendance and the mileage allowed by law. When the
subpoena is issued on behalf of the State or an officer or agency thereof, fees
and mileage need not be tendered.
(d) Subpoena for Taking Depositions; Place of
Examination.
(1) A request of a party constitutes a sufficient
authorization for the issuance, by the clerk of the district court for the
district in which the action is pending, of subpoenas for the persons named or
described therein. The subpoena may command the person to whom it is directed
to produce and permit inspection and copying of designated books, papers,
documents, or tangible things which constitute or contain matters within the
scope of the examination permitted by Rule 26(b), but in that event the
subpoena will be subject to the provisions of Rule 26(c) and subdivision (b) of
this rule.
The person to whom the subpoena is directed may, within
10 days after the service thereof or on or before the time specified in the
subpoena for compliance if such time is less than 10 days after service, serve
upon the attorney designated in the subpoena written objection to inspection or
copying of any or all of the designated materials. If objection is made, the
party serving the subpoena shall not be entitled to inspect and copy the
materials except pursuant to an order of the court from which the subpoena was
issued. The party serving the subpoena may, if objection has been made, move
upon notice to the deponent for an order at any time before or during the
taking of the deposition.
(2) A resident of the district in which the deposition
is to be taken may be required to attend an examination only in the county
wherein he resides or is employed or transacts his business in person, or at
such other convenient place as is fixed by an order of court. A nonresident of
the district may be required to attend only in the county wherein he is served
with a subpoena, or within 40 miles from the place of service, or at such other
convenient place as is fixed by an order of court.
(3) If the action is pending out of the state, the
subpoenas may be issued by the clerk of any district court, and the court in
the district in which the deposition is being taken shall, for the purposes of
these rules, be considered the court in which the action is pending.
(e) Subpoena for a Hearing or Trial.
(1) At the request of any party subpoenas for
attendance at a hearing or trial shall be issued by the clerk of the district
court for the district in which the hearing or trial is held. A subpoena requiring
the attendance of a witness at a hearing or trial may be served at any place
within the State.
(f) Contempt. Failure
by any person without adequate excuse to obey a subpoena served upon him may be
deemed a contempt of the court from which the subpoena issued.
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*** Any rule can change at any time - This rule may have been amended ***
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