L. Subpoena (Rule 21)

SUBPOENA DUCES TECUM

A process directed to a person requiring him or her to attend and to testify at the hearing or the trial of an action, or at any investigation conducted by competent authority, or for the taking of his or her deposition. It may also require him or her to bring with him or her any books, documents, or other things under his or her control, in which case it is called a subpoena duces tecum. (Rule 21, Sec. 1)

SUBPOENA AD TESTIFICANDUM

A process directed to a person, requiring him to attend and to testify at a hearing or trial of an action, or at any investigation conducted by a competent authority, or for the taking of his deposition.

A Subpoena is Served:

• In the same manner as personal or substituted service of summons
• The original must be exhibited, and a copy delivered to the person on whom it is served
• The fees for one day attendance and kilometrage allowed by the Rules shall be tendered to such person
• Service must be made as to allow the witness a reasonable time for preparation and travel to the place of attendance
• The reasonable cost of producing the documents and other materials subject of the subpoena shall be tendered or charged accordingly. (Rule 21, Sec. 6)

A Subpoena May be Served By:

• Sheriff;
• Deputy sheriff;
• Other proper court officer; or
• For any justifiable reason, by any suitable person authorized by the court issuing the subpoena

In Case of Failure of a Witness to Attend

The court or judge issuing the subpoena, upon proof of the service thereof and of the failure of the witness, may issue a warrant to the sheriff of the province, or his or her deputy, to arrest the witness and bring him or her before the court or officer where his or her attendance is required, and the cost of such warrant and seizure of such witness shall be paid by the witness if the court issuing it shall determine that his or her failure to answer the subpoena was willful and without just excuse. (Rule 21, Sec. 8)

Grounds to Quash a Subpoena Ad Testificandum

• The witness is not bound by such subpoena
• When the witness fees and kilometrage allowed by the Rules were not tendered when the subpoena was served

A subpoena shall:

• State the name of the court;
• State the title of the action or investigation;
• Be directed to the person whose attendance is required; and
• In the case of a subpoena duces tecum, it shall also contain a reasonable description of the books, documents or things demanded which must appear to the court prima facie relevant. (Rule 21, Sec. 3)

Personal appearance in court

A person present in court before a judicial officer may be required to testify as if he/she were in attendance upon a subpoena issued by such court or officer.

Enforcement of Attendance and Conduct of Examination

A party or other person may be compelled, by an order or subpoena, to attend before the court or commissioner to testify as provided in Sections 36 and 37. (Rule 39, Sec. 38)