Proposed Rules Archives

• Proposed Changes to CR 45 - Subpoena (in Word Format)
• Comments Received for CR 45 - Subpoena

A. Purpose: A newly redrafted version of CR 45 took effect September 1, 2007. These suggested amendments would refine that version in two ways.

First, this suggested amendment would make the language regarding service in CR 45(b)(1) conform more closely to CR 5(b)(1). Under the prior and current versions of CR 45, a subpoena may simply be left at “the place of such person’s abode.” This amendment would replace that with language from CR 5(b)(1), requiring the document to at least be left at the person’s “dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.”

Second, this suggested amendment would add a new subsection CR 45(d)(2)(B) that would incorporate the proposed “claw back” rule of CR 26(b)(6) (which applies to discovery generally) expressly into the procedures for subpoenas. This would essentially track Federal Rule of Civil Procedure 45(d)(2)(B). For more information, please see the statement of purpose for the concurrent suggested amendment of CR 26.