Rule 58.02.Subpoena to Non-Party for Production of Documents and Things.

Rule 58.02 is the counterpart to Rule 58.01 for people who are not parties to the case. A party may serve a subpoena on a non-party to produce and permit inspection and copying of designated documents, or to permit inspection, copying, testing, or sampling of tangible things within the scope of discovery Rule 56.01(b) allows, when those items are in the non-party’s possession, custody, or control. The subpoena is issued by the clerk of the court where the case is pending and must state the court, the case, and the attorneys and self-represented parties involved.

Timing and notice protect everyone in the case: the subpoena must be served on the non-party at least 10 days before the specified compliance date, and the party serving it must give a copy to every other party as if it were a pleading, so any party can seek a protective order under Rule 56.01(c) if needed. With all parties’ agreement, the non-party can be excused from a formal appearance and produce the subpoenaed items directly to the party who issued the subpoena, who must then offer every other party a chance to inspect or copy them; absent that agreement, production happens only at the place, date, and time the subpoena specifies. Any party can also request that the non-party produce a business records affidavit from the custodian of records along with the items.

The rule builds in real protection for the non-party: the issuing party or attorney must take reasonable steps to avoid imposing undue burden or expense, and the non-party can serve a written objection stating specific reasons the subpoena should be quashed or modified, within 10 days of service or before the compliance date, whichever is earlier. Once that objection is served, the issuing party cannot inspect or copy the disputed items without a court order. A non-party who disobeys the subpoena without adequate excuse can be held in contempt of the court where the case is pending.