CCLCR 45 - Subpoena

Posted in Local Rules 9.2020

  (a)  For Attendance of Witnesses.  Subpoenas issued by pro se litigants must be approved by a Superior Court judge. The judge may choose to require an ex parte hearing to determine if the witness has legally relevant information. This rule shall be liberally construed.  The purpose of this rule is to prevent the abuse of the subpoena process.

  (g)  When Excused.  A witness subpoenaed to attend in any case, criminal or civil, is dismissed and excused from further attendance as soon as he has given his testimony in chief for the party in whose instance he was called and has been cross-examined thereon, unless either party makes request in open court that the witness remain in attendance.  Witness fees will not be allowed any witness after the day on which their testimony is given except when the witness has, in open court, been required to remain in further attendance and, when so required, the clerk shall make a minute entry to that effect and the party making the request that the witness remain in attendance shall be solely responsible for any additional witness fees incurred by that witness as a result of that further attendance.

[Effective September 1, 2003; amended September 1, 2019]