Ky. Cir. Ct. Clerks' Manual SUBPOENAS

91 SUBPOENAS

CR 45; RCr 7.02; 13.04; KRS 421.360

 Subpoena means a document issued under authority of a court of record

requiring a person to:

• Attend and give testimony at a deposition, hearing or trial;

• Produce and permit inspection and copying of designated books,

documents, records, electronically stored information, or tangible

things in the possession, custody, or control of the person; or

• Permit inspection of premises under the control of the person.

NOTE: This includes Subpoena Duces Tecum.

91.1 Subpoena Issuance

1. The clerk or other authorized deputy shall issue a subpoena signed but

otherwise in blank, to a party requesting it, who shall fill it in before

service. An attorney licensed to practice law in this state may also issue

and sign a subpoena on behalf of the court. However, criminal

subpoenas must be issued by the clerk.

2. Do not make a docket entry for the issuance of blank subpoenas.

3. Upon request to issue a subpoena, sign AOC Form 025 (Criminal) and

AOC Form 025.1 (Civil) leaving the blanks to be completed by the party.

CR 45.01, 45.02, RCr 7.02.

4. Upon receipt of a returned criminal subpoena, stamp the subpoena

FILED; add the date and your initials.

NOTE: Do not file returns on civil subpoenas unless otherwise ordered by

the court. CR 5.06(1)(d).

5. Complete a document screen using RS Return of Subpoena as the

document type and the file stamp date as the filing date. Enter the

service date and the name of the party served in the memo field.

Quick Reference

AOC Form 025

AOC Form 025.1

File, date, initial

Document screen

RS

Enter service date

SUBPOENAS

91.2 Enforce, Quash, or Modify a Subpoena

1. Upon receipt of an application (or motion) to enforce, quash, or modify a Quick Reference

subpoena apply the FILED stamp to the application; add the date and Circuit Civil Action

your initials. File, date, initial

NOTE: A motion to enforce an administrative subpoena (KRS 151B.017)

should be filed as a circuit civil action. Refer to Case Add section of

KyCourts Manual for instructions on opening the case, using case type

OTH. Event type OH

2. If a hearing is requested, schedule the hearing using event type OH.

3. If no hearing is requested, present the application to the judge. Enter, date, initial

4. Upon receipt of a signed Judgment or order, apply the ENTERED stamp;

add the date and your initials.

5. Enter the order on a document screen, including a brief description using Document type:

document type as appropriate: OMOD

OMOD – Order Modifying OQSH

OQSH – Order to Quash OO

OO – Order - Other Notice of entry

6. Serve notice of entry on every party who is not in default or who has not

filed a written waiver of notice. Make an entry on the document screen

showing the manner and date of service of notice of entry.

91.3 Foreign Subpoenas

 A foreign subpoena means a subpoena issued under authority of a court of

record of a state other than this state.

91.3.1 Depositions To Be Used In Other States

CR 28.03; CR 45; KRS 421.360

 A party desiring to take depositions or to subpoena documents in this state

to be used in proceedings outside this state may submit a foreign subpoena

to the clerk of the county in which discovery is sought to be conducted in

this state.

 Because there are conflicting statutes and rules, there are different

procedures for subpoenas for witnesses and subpoenas for production or

inspection of documents. A district judge must issue a subpoena for a

witness, while the clerk may issue a subpoena for production or inspection

of documents.

SUBPOENAS

91.3.2 Subpoena for Testimony at a Deposition

1. Upon receipt of a foreign subpoena for a witness to attend and give Quick Reference

testimony at a deposition, take the subpoena to the District Judge along

with an AOC Form 25.1 subpoena form (not signed by the clerk). AOC Form 25.1

2. If the judge signs the subpoena, do not retain any portion of the

documents.

File, date, initial

3. If the judge issues an order for the clerk to sign the subpoena, apply the

ENTERED stamp to the order, add the date and your initials. Sign the

subpoena as ordered. File in

4. Except for the court order, do not retain any portion of the documents. General/Administra

File in the General/Administrative/Miscellaneous Order file. tive/Miscellaneous

Order file

5. Upon receipt of a returned subpoena, file in the

General/Administrative/Miscellaneous Order file.

91.3.3 Subpoena for Production or Inspection of Documents or

Premises

1. Upon receipt of a foreign subpoena to produce and permit inspection

and copying of designated books, documents, records, electronically

stored information, or tangible things in the possession, or to permit

inspection of premises under the control of a person, sign the subpoena. Sign subpoena

2. Do not retain any portion of the documents.

NOTE: You are not required to file returns on civil subpoenas unless

otherwise ordered by the court. CR 5.06(1)(d). However, as a best

practice you may maintain a copy of the returned subpoena in the event

there is a challenge.

SUBPOENAS

91.3.4 Enforce, Quash, or Modify a Foreign Subpoena

1. Upon receipt of an application (or motion) to enforce, quash, or modify a Quick Reference

subpoena issued by the clerk, collect the filing fee for a circuit civil

action.

2. Apply the FILED stamp to the application; add the date and your

initials. Event type OH

3. If a hearing is requested, schedule the hearing using event type OH and

issue a summons as directed by the filing party. See Service of Process.

4. If no hearing is requested, present the application to the judge.

Enter, date, initial

5. Upon receipt of a signed Judgment or order, apply the ENTERED stamp;

add the date and your initials.

6. Enter the order on a document screen, including a brief description using

Document type:

document type as appropriate:

OMOD

OMOD – Order Modifying OQSH

OQSH – Order to Quash OO

OO – Order - Other Notice of entry

7. Serve notice of entry on every party who is not in default or who has not

filed a written waiver of notice. Make an entry on the document screen

showing the manner and date of service of notice of entry.

91.4 Compel Attendance of Witness

KRS 421.240

 A judge in another state may present a certificate to any judge of this state

indicating that a person within this state is a material witness in a

prosecution or grand jury investigation in another state and that his/her

presence will be required. See Compel a Witness.