Rule 45.Subpoena.

Current through July 1, 2026 · Last verified September 11, 2026

In one sentenceRule 45 governs subpoenas: who issues and serves them, how documents are demanded, where a witness can be made to appear, and contempt for disobedience.

Full Text of Rule 45

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) (a) For attendance of witnesses; form; issuance. Every subpoena shall be issued by the clerk of the circuit court of the circuit in which the action is pending under the seal of the court, 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 a time and place therein specified. The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise blank, to a party requesting it, who shall fill it in before service.

(b) (b) 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) (1) quash or modify the subpoena if it is unreasonable and oppressive, or

(2) (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.

(1) (1) anywhere in the State by the sheriff or the sheriff’s deputy or by any other person who is not a party and is not less than 18 years of age; or

(2) (2) in any county by the chief of police of that county or a duly authorized subordinate.

Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to such person the fees for one day’s attendance and the mileage allowed by law. When the subpoena is issued on behalf of the State or a county, or an officer or agency of the State or a county, fees and mileage need not be tendered. Notice of the issuance and service of a subpoena shall be served on all parties to the action.

(d) (d) Subpoena for taking depositions; place of examination.

(1) (1) Proof of service of a notice to take a deposition as provided in Rules 30(b) and 31(a) of these Rules constitutes a sufficient authorization for the issuance by the clerk of the circuit court of the circuit in which the deposition is to be taken of subpoenas for the persons named or described therein. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, or tangible things which constitute or contain matters within the scope of the examination permitted by Rule 26(b) of these Rules, but in that event the subpoena will be subject to the provisions of Rule 26(c) of these Rules and subdivision (b) of this Rule 45.

The person to whom the subpoena is directed may, within 10 days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than 10 days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. The party serving the subpoena may, if objection has been made, move upon notice to the deponent for an order at any time before or during the taking of the deposition.

(2) (2) A resident of the State may be required to attend an examination only in the county wherein that person resides or is employed or transacts business in person, or at such other convenient place as is fixed by an order of court. A nonresident of the State subpoenaed within the State may be required to attend only in the county wherein that person is served with a subpoena, or at such other convenient place as is fixed by an order of court.

(e) (e) Duties in responding to subpoena.

(1) (1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand.

(2) (2) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim.

(f) (f) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.

End

Amendment History

The Hawaiʻi State Judiciary’s compiled text of this rule carries no amendment order for this rule. For the adopting orders and any later amendments, see the Hawaiʻi State Judiciary’s rules page.

Plain-English Summary

Every subpoena issues from the clerk of the circuit court where the action is pending, under seal, naming the court and the action and commanding attendance at a stated time and place. It may also command production of designated books, papers, documents or tangible things. A person served may move promptly, and in any event by the compliance time, to quash or modify a subpoena that is unreasonable and oppressive, or the court may instead condition denial on the requesting party advancing the reasonable cost of production.

Service may be made anywhere in the State, by the sheriff or a deputy, by any non-party aged 18 or over, or by a county chief of police or authorized subordinate. A copy is delivered with the fees for one day attendance and the mileage allowed by law, though no tender is needed where the State or a county issues it. Notice of issuance and service goes to the other parties.

For depositions, proof of service of the notice authorizes the clerk in the circuit where the deposition will be taken to issue subpoenas. A person subpoenaed to produce documents may serve a written objection within 10 days, or by the compliance date if sooner, after which the requesting party needs a court order. Place of attendance is limited: a resident may be required to attend only in the county where they live, work or transact business in person, and a non-resident served in the State only in the county of service, unless the court fixes another convenient place.

Two duties and one penalty close the rule. Documents are produced as kept in the usual course of business or labelled to match the demand, a privilege claim must be made expressly and described well enough to be contested, and failure without adequate excuse to obey may be deemed contempt of the issuing court.

Frequently Asked Questions

Who issues a subpoena in a Hawaii family court case?

The clerk of the circuit court of the circuit in which the action is pending, under the seal of the court.

How do I object to a document subpoena?

Serve written objection on the attorney designated in the subpoena within 10 days of service, or by the compliance date if that is sooner. The requesting party then needs a court order.

Where can a witness be required to appear?

A resident only in the county where they reside, are employed or transact business in person; a non-resident served in the State only in the county of service, unless the court fixes another convenient place.

Do I have to pay witness fees?

Yes. Service includes tendering the fees for one day attendance and the mileage allowed by law, except where the subpoena issues for the State or a county.

What happens if someone ignores a subpoena?

Failure without adequate excuse to obey may be deemed a contempt of the court from which the subpoena issued.

Source & verification. The rule text is reproduced verbatim from the official Hawaii Family Court Rules (Haw. Fam. Ct. R. 45). Prescribed by the Supreme Court of Hawaii. The plain-English summary is original and written by us. Last verified September 11, 2026. · Official source

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