# Super. Ct. Dom. Rel. R. 45: Rule 45. Subpoena

> District of Columbia · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_DC_SUPDR_R45

## Section

- **Citation:** Super. Ct. Dom. Rel. R. 45
- **Heading:** Rule 45. Subpoena
- **Jurisdiction:** District of Columbia
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** District of Columbia Court Rules / Family Court / Superior Court Rules Governing Domestic Relations Proceedings / Super. Ct. Dom. Rel. R. 45

## Text

(a) IN GENERAL.
(1) Form and Contents.
(A) Requirements—In General. Every subpoena must:
(i) state the name of the court;
(ii) state the title of the action, its case number, the calendar designation when
known, and if assigned to a specific judge or magistrate judge, the name of that judge or
magistrate judge;
(iii) command each person to whom it is directed to do the following at a specified
time and place within the District of Columbia, unless the parties and person
subpoenaed otherwise agree or the court, upon application, fixes another convenient
location: attend and testify; produce designated documents, electronically stored
information, or tangible things in that person’s possession, custody, or control; or permit
the inspection of premises; and
(iv) set out the text of Rule 45(c) and (d).
(B) Command to Attend a Deposition—Notice of the Recording Method. A
subpoena commanding attendance at a deposition must state the method for recording
the testimony.
(C) Combining or Separating a Command to Produce or to Permit Inspection;
Specifying the Form for Electronically Stored Information. A command to produce
documents, electronically stored information, or tangible things or to permit the
inspection of premises may be included in a subpoena commanding attendance at a
deposition, hearing, or trial, or may be set out in a separate subpoena. A subpoena
may specify the form or forms in which electronically stored information is to be
produced.
(D) Command to Produce; Included Obligations. A command in a subpoena to
produce documents, electronically stored information, or tangible things requires the
responding person to permit inspection, copying, testing, or sampling of the materials.
(2) [Deleted].
out in a separate subpoena. A subpoena
may specify the form or forms in which electronically stored information is to be
produced.
(D) Command to Produce; Included Obligations. A command in a subpoena to
produce documents, electronically stored information, or tangible things requires the
responding person to permit inspection, copying, testing, or sampling of the materials.
(2) [Deleted].
(3) Issued by Whom. An attorney authorized to practice in the District of Columbia
may issue and sign a subpoena. A party not represented by an attorney may obtain
from the clerk and complete a blank subpoena, and submit it to the clerk to be signed.
The clerk may sign the subpoena if it relates to a case in which action is pending,
otherwise the clerk shall refer the subpoena to a judge or magistrate judge for
consideration.
(4) Notice to Other Parties Before Service. If the subpoena commands the production
of documents, electronically stored information, or tangible things or the inspection of
premises before trial, then before it is served on the person to whom it is directed, a
notice and a copy of the subpoena must be served on each party.
(b) SERVICE.
(1) By Whom and How; Tendering Fees. Any person who is at least 18 years of age
and not a party may serve a subpoena. Serving a subpoena requires delivering a copy
to the named person and, if the subpoena requires that person's attendance, tendering
the fees for one day's attendance and the mileage allowed by law, except that:
(A) witnesses will be subpoenaed without prepayment of witness fees if the court
grants a request to proceed without prepayment of costs, fees, or security under Rule
54-II; and
(B) fees and mileage need not be tendered when the subpoena issues on behalf of
the United States or the District of Columbia or any officers or agencies of either.
ndance and the mileage allowed by law, except that:
(A) witnesses will be subpoenaed without prepayment of witness fees if the court
grants a request to proceed without prepayment of costs, fees, or security under Rule
54-II; and
(B) fees and mileage need not be tendered when the subpoena issues on behalf of
the United States or the District of Columbia or any officers or agencies of either.
(2) Service in the District of Columbia. Subject to Rule 45(c)(3)(A)(ii), a subpoena may
be served at any place:
(A) within the District of Columbia;
(B) outside the District of Columbia but within 25 miles of the place specified for the
deposition, hearing, trial, production, or inspection; or
(C) that the court authorizes on motion and for good cause, if an applicable statute
so provides.
(3) Service in a Foreign Country. 28 U.S.C. § 1783 governs issuing and serving a
subpoena directed to a United States national or resident who is in a foreign country.
(4) Proof of Service. Proving service, when necessary, requires filing with the clerk of
the court a statement showing the date and manner of service and the names of the
persons served. The statement must be certified by the server.
(c) PROTECTING A PERSON SUBJECT TO SUBPOENA; ENFORCEMENT.
(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for
issuing and serving a subpoena must take reasonable steps to avoid imposing undue
burden or expense on a person subject to the subpoena. The court must enforce this
duty and impose an appropriate sanction—which may include lost earnings and
reasonable attorney's fees—on a party or attorney who fails to comply.
1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for
issuing and serving a subpoena must take reasonable steps to avoid imposing undue
burden or expense on a person subject to the subpoena. The court must enforce this
duty and impose an appropriate sanction—which may include lost earnings and
reasonable attorney's fees—on a party or attorney who fails to comply.
(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce documents,
electronically stored information, or tangible things, or to permit the inspection of
premises, need not appear in person at the place of production or inspection unless
also commanded to appear for deposition, hearing or trial.
(B) Objections. A person commanded to produce documents, electronically stored
information, or tangible things or to permit inspection may serve on the party or attorney
designated in the subpoena a written objection to inspecting, copying, testing or
sampling any or all of the materials or to inspecting the premises—or to producing
electronically stored information in the form or forms requested. The objection must be
served before the earlier of the time specified for compliance or 14 days after the
subpoena is served. If objection is made, following rules apply:
(i) At any time, on notice to the commanded person, the serving party may move
the court for an order compelling production or inspection.
(ii) These acts may be required only as directed in the order, and the order must
protect a person who is neither a party nor a party’s officer from significant expense
resulting from compliance.
(3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion, the court must quash or modify a subpoena
that:
arty may move
the court for an order compelling production or inspection.
(ii) These acts may be required only as directed in the order, and the order must
protect a person who is neither a party nor a party’s officer from significant expense
resulting from compliance.
(3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion, the court must quash or modify a subpoena
that:
(i) fails to allow reasonable time to comply;
(ii) requires a person who is neither a party nor a party’s officer to travel more than
25 miles from where that person resides, is employed, or regularly transacts business in
person—except that, subject to Rule 45(c)(3)(B)(iii), the person may be commanded to
attend a trial by traveling from any such place to the place of trial;
(iii) requires disclosure of privileged or other protected matter, if no exception or
waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by a subpoena, the
court may, on motion, quash or modify the subpoena if it requires:
(i) disclosing a trade secret or other confidential research, development, or
commercial information;
(ii) disclosing an unretained expert's opinion or information that does not describe
specific occurrences in dispute and results from the expert's study that was not
requested by a party; or
(iii) a person who is neither a party nor a party’s officer to incur substantial
expense to travel more than 25 miles to attend trial.
(C) Specifying Conditions as an Alternative. In the circumstances described in Rule
45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order
appearance or production under specified conditions if the serving party:
(i) shows a substantial need for the testimony or material that cannot be otherwise
met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably compensated.
n Alternative. In the circumstances described in Rule
45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order
appearance or production under specified conditions if the serving party:
(i) shows a substantial need for the testimony or material that cannot be otherwise
met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably compensated.
(d) DUTIES IN RESPONDING TO A SUBPOENA.
(1) Producing Documents or Electronically Stored Information. These procedures
apply to producing documents or electronically stored information.
(A) Documents. A person responding to a subpoena to produce documents must
produce them as they are kept in the ordinary course of business or must organize and
label them to correspond to the categories in the demand.
(B) Form for Producing Electronically Stored Information Not Specified. If a
subpoena does not specify a form for producing electronically stored information, the
person responding must produce it in a form or forms in which it is ordinarily maintained
or in a reasonably usable form or forms.
(C) Electronically Stored Information Produced in Only One Form. The person
responding need not produce the same electronically stored information in more than
one form.
(D) Inaccessible Electronically Stored Information. The person responding need not
provide discovery of electronically stored information from sources that the person
identifies as not reasonably accessible because of undue burden or cost. On motion to
compel discovery or for a protective order, the person responding must show that the
information is not reasonably accessible because of undue burden or cost. If that
showing is made, the court may nonetheless order discovery from such sources if the
requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The
court may specify conditions for the discovery.
tion to
compel discovery or for a protective order, the person responding must show that the
information is not reasonably accessible because of undue burden or cost. If that
showing is made, the court may nonetheless order discovery from such sources if the
requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The
court may specify conditions for the discovery.
(2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed information under a
claim that it is privileged or subject to protection as trial-preparation material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld documents, communications, or tangible
things in a manner that, without revealing information itself privileged or protected, will
enable the parties to assess the claim.
(B) Information Produced. If information produced in response to a subpoena is
subject to a claim of privilege or of protection as trial-preparation material, the person
making the claim may notify any party that received the information of the claim and the
basis for it. After being notified, a party must promptly return, sequester, or destroy the
specified information and any copies it has; must not use or disclose the information
until the claim is resolved; must take reasonable steps to retrieve the information if the
party disclosed it before being notified; and may promptly present the information under
seal to the court for a determination of the claim. The person who produced the
information must preserve the information until the claim is resolved.
(e) TRANSFERRING A SUBPOENA-RELATED MOTION. A subpoena-related motion
may be transferred to the court where the action is pending if the person subject to the
subpoena consents or if the court finds exceptional circumstances. To enforce its order,
the court where the action is pending may transfer the order to the court where the
motion was made
e the information until the claim is resolved.
(e) TRANSFERRING A SUBPOENA-RELATED MOTION. A subpoena-related motion
may be transferred to the court where the action is pending if the person subject to the
subpoena consents or if the court finds exceptional circumstances. To enforce its order,
the court where the action is pending may transfer the order to the court where the
motion was made
(f) CONTEMPT. The court may hold in contempt a person who, having been served,
fails without adequate excuse to obey the subpoena or an order related to it. A
nonparty’s failure to obey must be excused if the subpoena purports to require the
nonparty to attend or produce at a place outside the limits of Rule 45(c)(3)(A)(ii).
COMMENT TO 2018 AMENDMENTS
This rule conforms to the corresponding civil rule. The rule now provides for
discovery of electronically stored information.
COMMENT
Pursuant to subparagraph (b)(1) of this Rule, a person serving a subpoena
commanding attendance in court must also give the person subpoenaed the fees for
one day's attendance and the mileage allowed by law. Those fees and travel
allowances can be found in Title 28 U.S.C. § 1821 et seq. See D.C. Code § 15-714. For
waiver of prepayment of costs and witness fees, see SCR-Dom. Rel. 54(f). For
purposes of this Rule, an attorney is not a party and may serve a subpoena. See In re
Kirk, 413 A.2d 928 (D.C. App. 1980). However, in the event of a factual dispute over
service, there is a risk that the attorney's ability to continue as counsel in the case will
be affected.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_DC_SUPDR_R45. Check the current official text before relying on it. Not legal advice.