D.C. Super. Ct. Dom. Rel. R. 45

(a) IN GENERAL.

(1) Form and Contents.

(A) Requirements—In General. Every subpoena must:

(i) state the name of the court;

(ii) state the title of the action, its case number, the calendar designation when

known, and if assigned to a specific judge or magistrate judge, the name of that judge or

magistrate judge;

(iii) command each person to whom it is directed to do the following at a specified

time and place within the District of Columbia, unless the parties and person

subpoenaed otherwise agree or the court, upon application, fixes another convenient

location: attend and testify; produce designated documents, electronically stored

information, or tangible things in that person’s possession, custody, or control; or permit

the inspection of premises; and

(iv) set out the text of Rule 45(c) and (d).

(B) Command to Attend a Deposition—Notice of the Recording Method. A

subpoena commanding attendance at a deposition must state the method for recording

the testimony.

(C) Combining or Separating a Command to Produce or to Permit Inspection;

Specifying the Form for Electronically Stored Information. A command to produce

documents, electronically stored information, or tangible things or to permit the

inspection of premises may be included in a subpoena commanding attendance at a

deposition, hearing, or trial, or may be set out in a separate subpoena. A subpoena

may specify the form or forms in which electronically stored information is to be

produced.

(D) Command to Produce; Included Obligations. A command in a subpoena to

produce documents, electronically stored information, or tangible things requires the

responding person to permit inspection, copying, testing, or sampling of the materials.

(2) [Deleted].

(3) Issued by Whom. An attorney authorized to practice in the District of Columbia

may issue and sign a subpoena. A party not represented by an attorney may obtain

from the clerk and complete a blank subpoena, and submit it to the clerk to be signed.

The clerk may sign the subpoena if it relates to a case in which action is pending,

otherwise the clerk shall refer the subpoena to a judge or magistrate judge for

consideration.

(4) Notice to Other Parties Before Service. If the subpoena commands the production

of documents, electronically stored information, or tangible things or the inspection of

premises before trial, then before it is served on the person to whom it is directed, a

notice and a copy of the subpoena must be served on each party.

(b) SERVICE.

(1) By Whom and How; Tendering Fees. Any person who is at least 18 years of age

and not a party may serve a subpoena. Serving a subpoena requires delivering a copy

to the named person and, if the subpoena requires that person's attendance, tendering

the fees for one day's attendance and the mileage allowed by law, except that:

(A) witnesses will be subpoenaed without prepayment of witness fees if the court

grants a request to proceed without prepayment of costs, fees, or security under Rule

54-II; and

(B) fees and mileage need not be tendered when the subpoena issues on behalf of

the United States or the District of Columbia or any officers or agencies of either.

(2) Service in the District of Columbia. Subject to Rule 45(c)(3)(A)(ii), a subpoena may

be served at any place:

(A) within the District of Columbia;

(B) outside the District of Columbia but within 25 miles of the place specified for the

deposition, hearing, trial, production, or inspection; or

(C) that the court authorizes on motion and for good cause, if an applicable statute

so provides.

(3) Service in a Foreign Country. 28 U.S.C. § 1783 governs issuing and serving a

subpoena directed to a United States national or resident who is in a foreign country.

(4) Proof of Service. Proving service, when necessary, requires filing with the clerk of

the court a statement showing the date and manner of service and the names of the

persons served. The statement must be certified by the server.

(c) PROTECTING A PERSON SUBJECT TO SUBPOENA; ENFORCEMENT.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for

issuing and serving a subpoena must take reasonable steps to avoid imposing undue

burden or expense on a person subject to the subpoena. The court must enforce this

duty and impose an appropriate sanction—which may include lost earnings and

reasonable attorney's fees—on a party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce documents,

electronically stored information, or tangible things, or to permit the inspection of

premises, need not appear in person at the place of production or inspection unless

also commanded to appear for deposition, hearing or trial.

(B) Objections. A person commanded to produce documents, electronically stored

information, or tangible things or to permit inspection may serve on the party or attorney

designated in the subpoena a written objection to inspecting, copying, testing or

sampling any or all of the materials or to inspecting the premises—or to producing

electronically stored information in the form or forms requested. The objection must be

served before the earlier of the time specified for compliance or 14 days after the

subpoena is served. If objection is made, following rules apply:

(i) At any time, on notice to the commanded person, the serving party may move

the court for an order compelling production or inspection.

(ii) These acts may be required only as directed in the order, and the order must

protect a person who is neither a party nor a party’s officer from significant expense

resulting from compliance.

(3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court must quash or modify a subpoena

that:

(i) fails to allow reasonable time to comply;

(ii) requires a person who is neither a party nor a party’s officer to travel more than

25 miles from where that person resides, is employed, or regularly transacts business in

person—except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to

attend a trial by traveling from any such place to the place of trial;

(iii) requires disclosure of privileged or other protected matter, if no exception or

waiver applies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a subpoena, the

court may, on motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research, development, or

commercial information;

(ii) disclosing an unretained expert's opinion or information that does not describe

specific occurrences in dispute and results from the expert's study that was not

requested by a party; or

(iii) a person who is neither a party nor a party’s officer to incur substantial

expense to travel more than 25 miles to attend trial.

(C) Specifying Conditions as an Alternative. In the circumstances described in Rule

45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order

appearance or production under specified conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot be otherwise

met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably compensated.

(d) DUTIES IN RESPONDING TO A SUBPOENA.

(1) Producing Documents or Electronically Stored Information. These procedures

apply to producing documents or electronically stored information.

(A) Documents. A person responding to a subpoena to produce documents must

produce them as they are kept in the ordinary course of business or must organize and

label them to correspond to the categories in the demand.

(B) Form for Producing Electronically Stored Information Not Specified. If a

subpoena does not specify a form for producing electronically stored information, the

person responding must produce it in a form or forms in which it is ordinarily maintained

or in a reasonably usable form or forms.

(C) Electronically Stored Information Produced in Only One Form. The person

responding need not produce the same electronically stored information in more than

one form.

(D) Inaccessible Electronically Stored Information. The person responding need not

provide discovery of electronically stored information from sources that the person

identifies as not reasonably accessible because of undue burden or cost. On motion to

compel discovery or for a protective order, the person responding must show that the

information is not reasonably accessible because of undue burden or cost. If that

showing is made, the court may nonetheless order discovery from such sources if the

requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The

court may specify conditions for the discovery.

(2) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed information under a

claim that it is privileged or subject to protection as trial-preparation material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, or tangible

things in a manner that, without revealing information itself privileged or protected, will

enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a subpoena is

subject to a claim of privilege or of protection as trial-preparation material, the person

making the claim may notify any party that received the information of the claim and the

basis for it. After being notified, a party must promptly return, sequester, or destroy the

specified information and any copies it has; must not use or disclose the information

until the claim is resolved; must take reasonable steps to retrieve the information if the

party disclosed it before being notified; and may promptly present the information under

seal to the court for a determination of the claim. The person who produced the

information must preserve the information until the claim is resolved.

(e) TRANSFERRING A SUBPOENA-RELATED MOTION. A subpoena-related motion

may be transferred to the court where the action is pending if the person subject to the

subpoena consents or if the court finds exceptional circumstances. To enforce its order,

the court where the action is pending may transfer the order to the court where the

motion was made

(f) CONTEMPT. The court may hold in contempt a person who, having been served,

fails without adequate excuse to obey the subpoena or an order related to it. A

nonparty’s failure to obey must be excused if the subpoena purports to require the

nonparty to attend or produce at a place outside the limits of Rule 45(c)(3)(A)(ii).