1833 Proposed amendment of rule 234.2 governing the issuance and service of subpoenas; proposed recommendation no. 235

Title 231--RULES OF
CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 200]

Proposed Amendment of Rule 234.2 Governing the Issuance and Service of Subpoenas; Proposed Recommendation No. 235

[38 Pa.B. 5589]
[Saturday, October 11, 2008]

   The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 234.2 governing the issuance and service of subpoenas 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 November 26, 2008 to:

Karla M. Shultz, Esquire
Counsel
Civil Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055

or E-Mail to
[e-mail]

   The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules of civil procedure or be officially adopted or promulgated by the Court.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 200. BUSINESS OF COURTS

Rule 234.2. Subpoena. Issuance. Service. Compliance. Fees. Prisoners.

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   (c)  The fee for one day's attendance and round trip mileage shall be tendered upon demand at the time the person is served with a subpoena. If a subpoena is served by mail, a check in the amount of one day's attendance and round trip mileage shall be enclosed with the subpoena.

Official Note: See 42 [Pa.C.S.A.] Pa.C.S. § 5903 for the compensation and expenses of witnesses. See also Evans v. Otis Elevator Co., 403 Pa. 13, 168 A.2d 573 (1961), regarding the right of an expert witness to refuse to testify on behalf of an adverse party.

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   (e)(1)  For the purposes of this subdivision, ''guardian'' shall mean any parent, custodian, or other person who has legal custody of a minor, or person designated by the court to be a temporary guardian for purposes of a proceeding.

   (2)(i)  A subpoena shall be served on a minor only with prior court approval and good cause shown.

   (ii)  The guardian of a witness who is a minor shall be served with a copy of the subpoena in the same manner as prescribed in subdivision (b).

   Official Note: See Rule 76 for definition of ''minor.''

Explanatory Comment

   To provide greater protection to minors, the Civil Procedural Rules Committee proposes the amendment of Rule 234.2 governing the issuance and service of subpoenas on a witness who is a minor. The amendment provides two specific requirements for the issuance and service of a subpoena on a witness who is a minor: (1) a court must review and grant permission before a subpoena may be issued to a witness who is a minor, and (2) the subpoena must also be served on the legal guardian of the witness.

By the Civil Procedural Rules Committee

STEWART L. KURTZ,   
Chair

[Pa.B. Doc. No. 08-1833. Filed for public inspection October 10, 2008, 9:00 a.m.]