§ Rule 45(a) Form-issuance

Codes > Montana Code > Title 25 > Chapter 20 : VI Trials > Rule 45 : Rule 45(a)

Rule 45(a). Form--issuance

    (1) Every subpoena shall

        (A) state the name of the court from which it is issued; and

        (B) state the title of the action, the name of the court in which it is pending, and its civil action number; and

        (C) command each person to whom it is directed to attend and give testimony or to produce and permit inspection, copying, testing or sampling of designated books, documents, electronically stored information, or tangible things in the possession, custody or control of that person, or to permit inspection of premises, at a time and place therein specified; and

        (D) set forth the text of subparagraphs (c) and (d) of this rule. A command to produce evidence or to permit inspection, copying, testing or sampling may be joined with a command to appear at trial or hearing or at a deposition, or may be issued separately. A subpoena may specify the form or forms in which electronically stored information is to be produced.

    (2) A subpoena shall issue from the court in which the action is pending.

    (3) The clerk shall issue a subpoena, signed but otherwise in blank, to a party requesting it, who shall complete it before service. An attorney as officer of the court may also issue and sign a subpoena on behalf of a court in which the action is pending.

    (4) A party or an attorney responsible for the issuance and service of a subpoena seeking health care information, as defined by 50-16-504(6), Montana Code Annotated, shall comply with the provisions of 50-16-535 and 50-16-536, Montana Code Annotated.