L. R. Prac. Sup. Ct. 1.18

As amended through December 6, 2023

Rule 1.18 - Subpoenaed Witnesses

A. Whenever a witness is served a subpoena for a trial or hearing, the party on whose behalf the witness is subpoenaed may not release the witness from appearing at the trial or hearing without prior notice to the opposing party, who may object to the release of the witness. If a party objects to the release of a subpoenaed witness, the court may assess the costs of service and witness fees to the objecting party.

B. Counsel who subpoena witnesses to testify shall confer with opposing counsel and with the court in order to avoid unnecessary waiting on the part of such witnesses pending their call to the witness stand. Where appropriate, witnesses shall be excused and directed to return to court at a later time. Witnesses who are under subpoena, who live or work in the county, may arrange to appear at specific times. Counsel who issue subpoenas must be sensitive to the needs of witnesses, such as schoolteachers, who are not paid for their time.

C. Witnesses subpoenaed to appear for matters that are postponed shall remain under subpoena and subject to sanctions for disobedience of the subpoena; however, counsel who requested the subpoena shall be responsible for providing the witness with written information of any new or rescheduled hearing date sufficiently in advance to allow the witness to arrange for appearance.

L. R. Prac. Sup. Ct. 1.18

Added and effective 6/9/2005.