M.R. Civ. P. 45

(a) Form; Issuance.

(1) Every subpoena shall

(A) state the name of the court from which it is issued; and

(B) state the title of the action, the name of the court in which it is

pending, and its civil action number; and

(C) command each person to whom it is directed to attend and give

testimony or to produce and permit inspection and copying of designated

books, documents or tangible things, or permit inspection of premises, in

the possession, custody or control of that person at a time and place

therein specified; and

(D) set forth the text of subdivisions (c) and (d) of this rule.

A command to produce evidence or to permit inspection may be

joined with a command to appear at trial or hearing or at deposition, or

may be issued separately.

(2) A subpoena for the Superior Court may issue from the court in

any county, and for the District Court from the court in any district.

(3) The clerk shall issue a subpoena, signed but otherwise in blank,

to a party requesting it, who shall complete it before service. An attorney

admitted to the Maine Bar may also issue and sign a subpoena as officer of the

court.

(b) Service.

(1) A subpoena may be served by any person who is not a party and

is not less than 18 years of age, including the attorney of a party. Service of a

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

thereof to such person and, if the person’s attendance is commanded, by

tendering to that person the fees for one day’s attendance and the mileage

allowed by law. Prior notice of any commanded production of documents and

things or inspection of premises or the appearance of a witness in discovery or

pretrial proceedings shall be served on each party in the manner prescribed by

Rule 5(b) at least 14 days prior to the response date set forth in the subpoena.

A party shall have 7 days to object to a discovery or pretrial subpoena and to

arrange for the determination of the objection by the court. Subpoenas

commanding the appearance of a witness or the production of documents or

things at trial or hearing shall be served on each party in the manner prescribed

by Rule 5(b).

(2) A subpoena may be served at any place within the state.

(c) Protection of Persons Subject to Subpoenas.

(1) A party or an attorney responsible for the issuance and service

of a subpoena shall take reasonable steps to avoid imposing undue burden or

expense on a person subject to that subpoena. The court for which the

subpoena was issued shall enforce this duty and impose upon the party or

attorney in breach of this duty an appropriate sanction, which may include, but

is not limited to, lost earnings, a reasonable attorney fee, and other reasonable

expenses incurred in seeking the sanction.

(2)(A) A person commanded to produce and permit inspection and

copying of designated books, papers, documents, or tangible things, or

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

production or inspection unless commanded to appear for deposition,

hearing, or trial.

(B) Subject to paragraph (d)(2) of this rule, a person commanded

to produce and permit inspection and copying may, within 14 days after

service of the subpoena or before the time specified for compliance if

such time is less than 14 days after service, serve upon the party or

attorney designated in the subpoena a written objection to inspection or

copying of any or all of the designated materials or of the premises. If

objection is made, the party serving the subpoena shall not be entitled to

inspect and copy the materials or inspect the premises except pursuant

to an order of any justice or judge of the court for which the subpoena

was issued. If objection has been made, the party serving the subpoena

may, upon notice to the person commanded to produce, move at any time

for an order to compel the production. Such an order to compel

production shall protect any person who is not a party or an officer of a

party from significant expense resulting from the inspection and copying

commanded.

(3)(A) On timely motion, the court for which a subpoena was issued

shall quash or modify the subpoena if it

(i) fails to allow a reasonable time for compliance;

(ii) requires a resident of this state who is not a party or an officer

of a party to travel to attend a deposition outside the county wherein that

person resides or is employed or transacts business in person or a

distance of more than 100 miles one way, whichever is greater, unless the

court otherwise orders; requires a nonresident of the state who is not a

party or an officer of a party to attend outside the county wherein that

person is served with a subpoena, or farther than 100 miles from the

place of service, unless some other convenient place is fixed by an order

of court;

(iii) requires disclosure of privileged or other protected matter and

no exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) If a subpoena

(i) requires disclosure of a trade secret or other confidential

research, development, or commercial information, or

(ii) requires disclosure of an unretained expert’s opinion or

information not describing specific events or occurrences in dispute and

resulting from the expert’s study made not at the request of any party, or

(iii) requires a person who is not a party or an officer of a party to

incur substantial expense to travel more than 100 miles one way to

attend trial,

the court may, to protect a person subject to or affected by the subpoena,

quash or modify the subpoena or, if the party in whose behalf the

subpoena is issued shows a substantial need for the testimony or

material that cannot otherwise be met without undue hardship and

assures that the person to whom the subpoena is addressed will be

reasonably compensated, the court may order appearance or production

only upon specified conditions.

(d) Duties in Responding to a Subpoena.

(1) A person responding to a subpoena to produce documents shall

produce them as they are kept in the usual course of business or shall organize

and label them to correspond with the categories in the demand.

(2) When information subject to a subpoena is withheld on a claim

that it is privileged or subject to protection as trial preparation materials, the

claim shall be made expressly and shall be supported by a description of the

nature of the documents, communications, or things not produced that is

sufficient to enable the demanding party to contest the claim.

(e) Motions and Objections. Motions or objections concerning subpoenas

issued in discovery or pretrial proceedings shall be made under Rule 26(g).

Motions or objections concerning subpoenas issued to command appearance

or production of documents or tangible things at trial or hearing shall promptly

be directed first to the judge or justice presiding at such trial or hearing.

(f) Contempt. Failure by any person without adequate excuse to obey a

subpoena served upon that person may be deemed a contempt of the court in

which the action is pending or in the county in which the deposition is taken.

An adequate cause for failure to obey exists when a subpoena purports to

require a non-party to attend or produce at a place not within the limits

provided by clause (ii) of subparagraph (c)(3)(A). Punishment for contempt

under this subdivision (f) shall be in accordance with Rule 66 and 16 M.R.S.A.

§ 102.