174 Proposed amendment of Rule 234.1 governing subpoenas to attend and testify; proposed recommendation no. 259

Title 231—RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[ 231 PA. CODE CH. 200 ]

Proposed Amendment of Rule 234.1 Governing Subpoenas to Attend and Testify; Proposed Recommendation No. 259

[44 Pa.B. 475]
[Saturday, January 25, 2014]

 The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 234.1 governing subpoenas to attend and testify be amended as set forth herein. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court of Pennsylvania.

 All communications in reference to the proposed recommendation should be sent no later than February 28, 2014 to:

 Karla M. Shultz
Counsel
Civil Procedural Rules Committee
601 Commonwealth Avenue, Suite 6200
P.O. Box 62635
Harrisburg PA 17106-2635
FAX [phone]
[e-mail]

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 200. BUSINESS OF COURTS

Rule 234.1. Subpoena to Attend and Testify.

*  *  *  *  *

 (c) A subpoena may not be used to compel a person to appear or to produce documents or things ex parte before an attorney, a party or a representative of the party.

 (d) A subpoena shall be served reasonably in advance of the date upon which attendance is required.

Explanatory Comment

 The Civil Procedural Rules Committee is proposing the amendment of Rule 234.1 governing subpoenas to attend and testify. It was brought to the Committee's attention that a discrepancy exists between service of a subpoena on a non-party witness and service of a notice to attend on a party. Current Rule 234.3 provides that a party shall be served a notice to attend reasonably in advance of the date the party is required to attend and testify. Current Rule 234.1, on the other hand, is silent as to when a non-party witness should be served a subpoena before attendance is required. The result is that a party who is aware of and involved in litigation is entitled to reasonable notice, but a non-party witness who has no prior knowledge of a trial and no forewarning that he or she may be called to testify can be subpoenaed with no notice. To remedy this discrepancy, the proposed amendment of Rule 234.1 would require that a non-party witness be served a subpoena reasonably in advance of the date the witness is required to attend and testify.

By the Civil Procedural
Rules Committee

DIANE W. PERER, 
Chair

[Pa.B. Doc. No. 14-174. Filed for public inspection January 24, 2014, 9:00 a.m.]