Discovery: Subpoenas: Issuing

Brown v. Morin [06/09/15] 2015 MTWCC 10 While M.R.Civ.P. 5(b) and M.R.Civ.P. 45(c) impose an obligation on a party to provide notice of any subpoena served by serving the party’s attorney with a copy, the obligation to notify parties of a subpoena does not trump the requirements that a subpoena duces tecum be personally served upon the party commanded to produce the documents by a person who is not a party to the case.

Brown v. Morin [06/09/15] 2015 MTWCC 10 Where a party attempted to serve a subpoena duces tecum on Petitioner by mailing it to Petitioner’s attorney, the Court held that service was improper.  A party to a case cannot serve a subpoena personally.