Power of Subpoena

Only a justice can issue a subpoena, and a justice can issue a subpoena only as follows.   The presiding justice in a court proceeding can issue a subpoena, commanding a named person to give testimony as part of that proceeding, if and only if the truthful testimony of that named person has the specific and plausible potential to affect the final decision of that justice in the proceeding.   In particular, the person must have been alleged in sworn court testimony to have directly observed, or been a direct participant in, the activities under scrutiny in the proceeding.   At his sole discretion, the person can testify remotely by electronic apparatus, or can appear in court, but in either case must do so at a time specified in the subpoena by the justice.

If the person named in the subpoena is not located within the jurisdiction of the proceeding court, the justice of that court must file a request that the subpoena be issued with a court whose jurisdiction includes the location where the subpoena is to be served. The request must first be filed with the court most local to that location.   A court must issue a subpoena pursuant to a subpoena request if the motivation for the subpoena would be sufficient if the entire case were tried in that court, and otherwise must deny it.

A party affected by a subpoena can challenge the validity of a subpoena by bringing a motion in the issuing court, and must be offered an opportunity to argue in court for his position.   All subpoena decisions can be appealed as any other court decision, and no subpoena can be enforced if an appeal thereof is pending.

A subpoena must be issued with at least 1 week of notice.



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This is a preliminary draft. Pending changes are in The To-Do List