RULE 45. SUBPOENA.
Rule 45.01 For Attendance of Witnesses - Form - Issuance.
Every subpoena shall be issued by the clerk or other authorized officer, 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 the time and place and for the party therein specified. The clerk or other authorized officer shall issue a subpoena, or a subpoena for the production of documentary evidence, signed but otherwise in blank, to a party requesting it, who shall fill it in before service.
Rule 45.02 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.
Rule 45.03 Service.
A subpoena may be served by any person authorized to serve process, or the witness may acknowledge service in writing on the subpoena. Service of the subpoena shall be made by delivering or offering to deliver a copy thereof to the person to whom it is directed.
Rule 45.04 Subpoena for Taking Depositions - Place of Deposition.
(1) A subpoena for taking depositions may be issued by an officer authorized to take depositions or by the clerk of the court in which the action is pending. If the subpoena commands the person to whom it is directed to produce designated books, papers, documents, or tangible things which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by Rule 26.02, the subpoena will be subject to the provisions of Rules 30.02, 37.02 and 45.02.
(2) A resident of the state may be required to give his deposition 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 the court.
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 his attorney that the testimony of a witness is important, and that the just and proper effect of his 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.
Rule 45.06 Contempt.
Disobedience or a refusal to be sworn or to answer as a witness may be punished as a contempt of the court in which the action is pending.
Rule 45.07 Requirement of Trial, Hearing or Deposition.
Every subpoena issued and served under any part of this Rule 45 for testimony, books, papers, documents, or tangible things must command the witness to appear at a trial, hearing, or deposition unless otherwise provided by statute or by agreement of all parties.