Ind. Trial Rule 45

Effective April 1, 2002

(A) For Attendance of Witnesses--Form--Issuance.

(1) Every subpoena shall:

(a) state the name of the court;

(b) state the title of the action (without naming more than the first named plaintiffs and

defendants in the complaint and the case number); and

(c) command each person to whom it is directed to attend and give testimony at a time

and place therein specified.

(2) The clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it or his or her attorney,

who shall fill it in before service. An attorney admitted to practice law in this state, as an

officer of the court, may also issue and sign such subpoena on behalf of (a) a court in which

the attorney has appeared for a party; or (b) a court in which a deposition or production is

compelled by the subpoena, if the deposition or production pertains to an action pending in

a court where the attorney has appeared for a party in that case.

(B) For production of documentary evidence.

A subpoena may also command the person to whom it is directed to produce the books,

papers, documents, or tangible things designated therein; but the court, upon motion made

promptly and in any event at or before the time specified in the subpoena for compliance

therewith, may

(1) quash or modify the subpoena if it is unreasonable and oppressive or

(2) condition denial of the motion upon the advancement by the person in whose behalf

the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.

(C) Service.

A subpoena may be served by the sheriff or his deputy, a party or any person. Service of a

subpoena upon a person named therein shall be made by delivering a copy thereof to such

person. Service may be made in the same manner as provided in Rule 4.1, Rule 4.16 and Rule

5(B).

(D) Subpoena for taking depositions--Place of examination.

(1) Proof of service of a notice to take a deposition as provided in Rules 30(B) and 31(A) con-

stitutes a sufficient authorization for the issuance by the clerk of court for the county in which

the deposition is to be taken of subpoenas for the persons named or described therein. The

subpoena may command the person to whom it is directed to produce designated books,

papers, documents, or tangible things which constitute or contain matters within the scope

of the examination permitted by Rule 26(B), but in that event the subpoena will be subject to

the provisions of Rule 26(C) and subdivision (B) of this rule.

(2) An individual may be required to attend an examination only in the county wherein he

resides or is employed or transacts his business in person, or at such other convenient place

as is fixed by an order of court. A nonresident of the state may be required to attend only in

the state and county wherein he is served with a subpoena, or within forty [40] miles from

the place of service, or at such other convenient place as is fixed by an order of court. A nonresident plaintiff may be required to attend at his own expense an examination in the county

of this state where the action is commenced or in a county fixed by the court.

(E) Subpoena for a hearing or trial.

At the request of any party subpoenas for attendance at a hearing or trial shall be issued by

the clerk of court of the county in which the action is pending when requested, or, in the case

of a subpoena for the taking of a deposition, by the clerk of court of the county in which the

action is so pending or in the county in which the deposition is being taken. An attorney

admitted to practice law in this state, as an officer of the court, may also issue and sign such

subpoenas on behalf of the court in which the action is pending or a court of the county in

which the deposition is being taken, if the hearing, deposition or production pertains to an

action pending in a court where the attorney has appeared for a party in that case. A subpoena may be served at any place within the state; and when permitted by the laws of the

United States, this or another state or foreign country, the court upon proper application and

cause shown may authorize the service of a subpoena outside the state in accordance with

and as permitted by such law.

(F) Contempt.

Failure by any person without adequate excuse to obey a subpoena served upon him may be

deemed a contempt of the court from which the subpoena issued, or court of the county

where the witness was required thereunder to appear or act. The attendance of all witnesses

when duly subpoenaed, and to whom fees have been paid or tendered as required by law

may be enforced by attachment.

(G) Tender of fees.

Service of a subpoena upon a person named therein shall be made by delivering a copy

thereof to such person who shall be required to attend outside his county of residence as

provided in section (C), and by so tendering to him the fees for one [1] day’s attendance and

the mileage allowed by law. Such tender shall not be required to be made to a party who is

subpoenaed or to an officer, employee, agent or representative of a party which is an organization, including the estate or any governmental organization, who is being examined upon

any matter connected in any way with his employment or with duties to the organization.

(H) Proof of service of subpoena--Fees.

When a subpoena is served by the sheriff or his deputy, his return shall be proof of service.

When served by any other person the service must be shown by affidavit. No fees or costs for

the service of a subpoena shall be collected or charged as costs except when service is made

by the sheriff or his deputy.