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R.I. Fam. Ct. R. Crim. P. 17

Subpoena

activein force · 2024-02-01 – presentact-effective-date

(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

prosecuting authority.

(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 the person the fee for one day's attendance

and the mileage allowed by law. When the subpoena is issued in behalf of the

prosecuting authority 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 the person may be deemed a contempt of the court in which

the action is pending.

Provenance

Source
courts.ri.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
ef0fe964902dfd12d870b103f033b8aa44dc1621f7b4d7b20f6060a0f3f9c833
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R.I. Fam. Ct. R. Crim. P. 17 — Subpoena · binding.law