R.I. Dist. R. Crim. P. 17

As amended through June 7, 2024
Rule 17 - Subpoena
(a) For Attendance of Witnesses; Form; Issuance. Every subpoena shall be issued by the clerk of court or a notary public or other officer authorized by statute, shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified.
(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 cost incurred by the process and 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 on 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 tangible things 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 the sheriff's deputy, by a constable, 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 and by tendering to the person the fee for one (1) day's attendance and the mileage allowed by law. When the subpoena is issued in behalf of the State or an officer or agency thereof, fees and mileage need not be tendered.
(e) Place of Service.
(1) In Rhode Island. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the State of Rhode Island.
(2) Out of State. A subpoena directed to a witness outside the State of Rhode Island shall issue under the circumstances and in the manner and be served as provided in the Uniform Act to Secure the Attendance of Witnesses from Without the State in Criminal Cases, G. L. 1956 (1969 Reenactment), §§ 12-16-1 through 12-16-13.
(f) For Taking Deposition; Place of Examination.
(1) Issuance. An order to take a deposition constitutes a sufficient authorization for the issuance of subpoenas for the persons named or described therein.
(2) Place. A person named or described in a subpoena for the taking of a deposition may be required to travel to and attend an examination at the place within the State designated in the notice required by Rule 15(b). The court, on motion of any party or of the person to be examined, may direct that the deposition be taken at some other place.
(g) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon him or her may be deemed a contempt of the court in which the action is pending.

R.I. Dist. R. Crim. P. 17