(a) Attendance of Witnesses; Form; Issuance: Every subpoena
shall be issued under the seal of the Court, shall state the name
of the Court and the caption of the case, and shall command each
person to whom it is directed to attend and give testimony at a
time and place therein specified. A subpoena, including a subpoena
for the production of documentary evidence, signed and sealed but
otherwise blank, shall be issued to a party requesting it, who
shall fill it in before service. Subpoenas may be obtained at the
Office of the Clerk in Washington, D.C., or from a trial clerk at
a trial session. See Code sec. 7456(a).
(b) 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.
(c) Service: A subpoena may be served by a United States
marshal, or by a deputy marshal, or by any other person who is not
a party and is not less than 18 years of age. 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 Commissioner, fees and mileage
need not be tendered. See Rule 148 for fees and mileage payable.
The person making service of a subpoena shall make the return
thereon in accordance with the form appearing in the subpoena.
(d) Subpoena for Taking Depositions:
(1) Issuance and Response: The order of the Court approving
the taking of a deposition pursuant to Rule 81(b)(2), or the
executed stipulation pursuant to Rule 81(d), or the service of the
notice of deposition pursuant to Rule 74(b) or 75(c), constitutes
authorization for issuance 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 come
within the scope of the order or stipulation pursuant to which the
deposition is taken. Within 15 days after service of the subpoena
or such earlier time designated therein for compliance, the person
to whom the subpoena is directed may serve upon the party on whose
behalf the subpoena has been issued written objections to
compliance with the subpoena in any or all respects. Such
objections should not include objections made, or which might have
been made, to the application to take the deposition pursuant to
Rule 81(b)(2) or to the notice of deposition under Rule 74(c) or
75(d). If an objection is made, the party serving the subpoena
shall not be entitled to compliance therewith to the extent of such
objection, except as the Court may order otherwise upon application
to it. Such application for an order may be made, with notice to
the other party and to any other objecting persons, at any time
before or during the taking of the deposition, subject to the time
requirements of Rule 70(a)(2) or Rule 81(b)(2). As to availability
of protective orders, see Rule 103; and, as to enforcement of such
subpoenas, see Rule 104.
(2) Place of Examination: The place designated in the
subpoena for examination of the deponent shall be the place
specified in the notice of deposition served pursuant to Rule 74(b)
or 75(c) or in the order of the Court referred to in Rule 81(b)(2)
or in the executed stipulation referred to in Rule 81(d). With
respect to a deposition to be taken in a foreign country, see Rules
74(e), 81(e)(2), and 84(a).
(e) Contempt: Failure by any person without adequate excuse
to obey a subpoena served upon any such person may be deemed a
contempt of the Court.
