Rhode Island General Laws 9-18.1-3. Issuance of subpoena
(a) To request issuance of a subpoena under this section, a party shall submit a foreign subpoena to:
(1) A clerk of the superior court in the county in which discovery is sought to be conducted in this state; or
(2) A lawyer who is a member in good standing of the bar of this state. A request for the issuance of a subpoena under this act does not constitute an appearance in the courts of this state.
Terms Used In Rhode Island General Laws 9-18.1-3
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Foreign subpoena: means a subpoena issued under authority of a court of record of a foreign jurisdiction. See Rhode Island General Laws 9-18.1-2
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Rhode Island General Laws 9-18.1-2
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Rhode Island General Laws 9-18.1-2
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena: means a document, however denominated, issued under authority of a court of record requiring a person to:
(i) Attend and give testimony at a deposition;
(ii) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
(iii) Permit inspection of premises under the control of the person. See Rhode Island General Laws 9-18.1-2
(b) When a party submits a foreign subpoena to a clerk of the superior court in this state, the clerk, in accordance with the court’s procedure, shall promptly issue a subpoena for service on the person to which the foreign subpoena is directed. When a party submits a subpoena to a lawyer who is a member in good standing of the bar of this state, the lawyer may issue a subpoena for service on the person to which the foreign subpoena is directed.
(c) A subpoena under subsection (b) of this section shall:
(1) Incorporate the terms used in the foreign subpoena;
(2) Contain or be accompanied by the names, addresses, telephone numbers, and email addresses of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel; and
(3) Otherwise be in a form that complies with the laws of this state.
History of Section.
P.L. 2019, ch. 190, § 1; P.L. 2019, ch. 241, § 1.