Rule 45. Subpoena

Rule 45.05. Subpoena for a Hearing or Trial — Personal Attendance

(1) At the request of any party, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court in which the action is pending, and such a subpoena may be served at any place within the state.

(2) Upon the affidavit of a party or the party’s attorney that the testimony of a witness is important, and that the just and proper effect of the testimony cannot in a reasonable degree be obtained without an oral examination in court, the court may, in its discretion, order the personal attendance of the witness, although such witness may otherwise be exempt from personal attendance. [As amended by order entered January 23, 1986, effective August 1, 1986; and amended by order filed February 1, 1995, effective July 1, 1995.]

Click here for Advisory Commission Comments to Rules 45.01-45.08.


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