Rule 45.Subpoena.
Current through February 2024 · Last verified September 12, 2026
Full Text of Rule 45
Amendment History
Rhode Island does not publish a per-rule amendment history inside the compiled rules text reproduced here. The text above is verified current through the source’s own February 2024 printing; for the underlying adopting orders and any later amendments, see the Rhode Island Judiciary’s compiled rules page.
Plain-English Summary
Subdivision (a) names the issuers: the clerk of court, a notary public, or another officer authorized by statute. The subpoena must state the name of the court and the title of the action and command the person to attend and give testimony at a stated time and place. Subdivision (e) adds that subpoenas for a hearing or trial are issued at the request of any party.
Subdivision (c) governs service and holds the trap most people fall into. Service may be made by a duly authorized officer under the writs, summons and process chapter of the general laws the rule names, or by any person who is not a party and is at least eighteen. The server must deliver a copy and tender the fees for one day's attendance and the mileage allowed by law, and no tender is needed when the subpoena is issued on behalf of the state or one of its officers or agencies. Before trial, prior notice of any commanded production of documents or things, or inspection of premises, must be served on each party in the manner Rule 5(b) prescribes. The rule authorizes service at any place within the state.
Subdivision (b) lets a subpoena command production of books, papers, documents or tangible things, and gives the recipient a way out. A motion made promptly, and in any event at or before the time the subpoena sets for compliance, can lead the court to quash or modify the subpoena if it is unreasonable and oppressive, or to deny the motion on the condition that the party who sought the subpoena advance the reasonable cost of producing the material. Subdivision (d) ties a deposition subpoena to the scope of discovery allowed by Rule 26(b) and makes it subject to Rule 26(c) and to subdivision (b) of this rule.
Subdivision (f) supplies the teeth. Failure by any person, without adequate excuse, to obey a subpoena served on that person may be deemed a contempt of the court in which the action is pending.
Frequently Asked Questions
Who can issue a subpoena in Rhode Island Family Court?
Under subdivision (a), a subpoena is issued by the clerk of court, a notary public, or another officer authorized by statute. It must name the court, state the title of the action, and command the person to attend and give testimony at a specified time and place.
Do I have to pay a witness I subpoena?
Yes, at the time of service. Subdivision (c) requires delivering a copy of the subpoena and tendering the fees for one day's attendance and the mileage allowed by law, except where the subpoena is issued on behalf of the state or one of its officers or agencies.
How do I fight a subpoena for my records?
Subdivision (b) calls for a motion made promptly and in any event at or before the time the subpoena sets for compliance. The court may quash or modify the subpoena if it is unreasonable and oppressive, or may deny the motion on the condition that the party who sought the records advance the reasonable cost of producing them.
Can a Rhode Island Family Court subpoena be served out of state?
Subdivision (c) provides that a subpoena may be served at any place within the state. The rule does not provide for service beyond Rhode Island.
What happens if someone ignores a subpoena?
Subdivision (f) says that failure by any person without adequate excuse to obey a subpoena served on that person may be deemed to be in contempt of the court in which the action is pending. The consequence follows the person served, not the party who asked for the subpoena.