R.I. Super. Ct. 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 a duly authorized officer in accordance with Title 9, Chapter 5 (Writs, Summons, and Process) of the Rhode Island General Laws or by any other person who is not a party and who is not less than eighteen (18) years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named and by tendering to him the fee for one 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 may be deemed a contempt of the court in which the action is pending.

R.I. Super. Ct. R. Crim. P. 17

Last amended by Order dated June 22, 2017, effective 9/5/2017.

1972 Notes

This rule is similar to Federal Rule 17. It follows generally the provisions of Rule 45, R.I.Super.R.Civ.P., applicable to civil actions.

Subdivision (a) is the same as Civil Rule 45(a).

Subdivision (b), which has no counterpart in the Rules of Civil Procedure, is substantially the same as Federal Rule 17(b). It accords generally with existing Rhode Island practice under G.L.1956 (1969 Reenactment), § 12-17-8, except that the court itself is required to order that a subpoena be issued and served without payment of fees upon a showing that a defendant is unable to pay the fees of the witness. If an order to this effect is issued the costs incurred shall be paid in the same manner in which costs and fees are paid to a witness subpoenaed in behalf of the State. See G.L. 1956 (1969 Reenactment), § 9-17-6.

Subdivision (c) authorizes issuance of the subpoena duces tecum in the same manner as in civil actions. However, following the federal rule, the final sentence has been added under which the court is authorized to direct that the objects of the subpoena be produced before the court prior to the trial where they may be examined by the parties and their attorneys.

Subdivision (d) provides for service of a subpoena in essentially the same manner as service of a subpoena in a civil action under R.I.Super.R.Civ.P. 45(c), See G.L. 1956 (1969 Reenactment), §§ 9-17-4 and 9-17-5.

Under subdivision (e) a subpoena may be served at any place in Rhode Island and outside the State in accordance with 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.

Subdivision (f) permits a subpoena for the taking of a deposition to require a deponent to attend the examination at any place within the State as designated in the notice of deposition issued pursuant to Rule 15(b). The federal rule is more restrictive as to the place where a person may be required to attend for the taking of his deposition.

Subdivision (g), governing contempt, is the same as R.I.Super.R.Civ.P. 45(f).