Current through Register Vol. 54, No. 45, November 9, 2024
A.Contents. A subpoena in a delinquency case shall: 1) order the witness named to appear before the court at the date, time, and place specified;2) order the witness to bring any items identified or described;3) state on whose behalf the witness is being ordered to testify; and4) state the identity, address, and phone number of the person who applied for the subpoena.B.Service. 1)Method of Service. A subpoena shall be served upon a witness by: b) registered or certified mail, return receipt requested, or2)Proof of Service. The following shall be prima facie evidence of service of the subpoena:a) A completed return receipt;b) Hand signed receipt of personal delivery; orc) Affidavit of in-person delivery signed by a process server.C.Duration. A subpoena shall remain in force until the end of a proceeding.D.Bench Warrant. If any subpoenaed person fails to appear for the hearing and the court finds that sufficient notice was given, the judge may issue a bench warrant pursuant to Rule 140.E.Parental notification.1)Generally. If a witness is a minor, the witness's guardian shall be notified that the minor has been subpoenaed. a) notified that the minor has been subpoenaed; andb) provided with a copy of the subpoena.2)Exception. Upon prior court approval and good cause shown, a subpoena may be served upon a minor without such notification to the guardian. If and when necessary, request for such prior court approval may be obtained ex parte.The provisions of this Rule 123 amended February 26, 2008, effective 6/1/2008, 38 Pa.B. 1142; amended May 12, 2008, effective 5/12/2008, 38 Pa.B. 2360; amended September 16, 2009, effective immediately, 39 Pa.B. 5544.