Del. Crim. R. C.P. 17

As amended through June 14, 2021
Rule 17 - Subpoena
(a)For attendance of witnesses.
(1) Form; issuance. A subpoena shall be issued by the clerk under the seal of the Court. It shall state the name of the court and the title, if any, of the proceeding, and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. The clerk shall issue a subpoena, signed and sealed but otherwise in blank to a party requesting it, who shall fill in the blanks before it is served.
(2) Bail in lieu of subpoena. If it appears by affidavit that the testimony of a person is material in any criminal proceeding and that it may be impracticable to secure the presence of the witness by subpoena, the Court may require the witness to give bail as security for appearance as a witness and shall commit a witness who fails to give bail. The Court may direct that the witness' deposition be taken in accordance with Rule 15(a) and may order the release of a witness who has been detained for an unreasonable length of time.
(b)Defendants unable to pay. The Court shall order at any time that a subpoena be issued for service on a named witness upon an ex parte application of a defendant upon a satisfactory showing that the defendant is financially unable to pay the fees of the witness and that the presence of the witness is necessary to an adequate defense. If the Court orders the subpoena to be issued the costs incurred by the process and the fees of the witness so subpoenaed shall be paid in the same manner in which similar costs and fees are paid in case of a witness subpoenaed in behalf of the State.
(c)For production of documentary evidence and of objects. A subpoena may also command the person to whom it is directed to produce the books, papers, documents or other objects designated therein. The Court on motion made promptly may quash or modify the subpoena if compliance would be unreasonable or oppressive. The Court may direct that books, papers, documents or objects designated in the subpoena be produced before the Court at a time prior to the trial or prior to the time when they are to be offered in evidence and may upon their production permit the books, papers, documents or objects, or portions thereof, to be inspected by the parties and their attorneys.
(d)Service. A subpoena may be served by the sheriff, by a deputy sheriff or by any other person who is not a party and who is not less than 18 years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named.
(e)Place of service. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the State of Delaware.
(f)For taking deposition; place of examination.
(1) Issuance. An order to take a deposition authorizes the issuance by the clerk, of the appropriate court in the state in which the deposition is to be taken, of subpoenas for the persons named or described therein.
(2) Place. The witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the trial court, taking into account the convenience of the witness and the parties.
(g)Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued.
(h)Information not subject to subpoena. Statements made by witnesses or prospective witnesses may not be subpoenaed from the State or the defendant under this rule, but shall be subject to production only in accordance with the provisions of Rule 26.2.
(i)Witness from without a state. The attendance of a witness from without the geographical boundaries of the State may be secured pursuant to 11 Del. C., Chapter 35, Subchapter II.

Del. Crim. R. C.P. 17