More Categories

Rule 17 – SUBPOENA

May 11, 2021 | Criminal Procedure, Hawaii

(a) For attendance of witnesses; form; issuance. A subpoena shall be issued by the clerk under the seal of the court. It shall state the name of the court and the title, if any, of the proceeding, and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. The clerk shall issue a subpoena, signed and sealed but otherwise in blank, to a party requesting it, who shall fill in the blanks before it is served.
(b) For production of documentary evidence and of objects. A subpoena may also command the person to whom it is directed to produce the books, papers, documents or other objects designated therein. The court on motion made promptly may quash or modify the subpoena if compliance would be unreasonable or oppressive. The court may direct that books, papers, documents or objects designated in the subpoena be produced before the court at a time prior to the trial or prior to the time when they are to be offered in evidence and may upon their production permit the books, papers, documents or objects or portions thereof to be inspected by the parties and their attorneys.
(c) Service. A subpoena may be served by a police officer or by any other person who is not a defendant and who is not less than 18 years of age. Service of subpoena shall be made by delivering a copy thereof to the person named or by sending it by certified or registered mail, return receipt requested and with restricted delivery to the person named only, and by tendering to the person named the fee of 1 day’s attendance and the mileage allowed by law, provided that no such tender need be made when the subpoena is issued on behalf of the prosecution or a defendant who is unable to pay for the same.
(d) Service by facsimile transmission or Electronic Mail. Service of a subpoena may be made by facsimile transmission. The return of service shall declare that service was accomplished by facsimile transmission to a specific phone number, on a specific date and time, and shall state that the sender obtained confirmation from the person subpoenaed that the person received the subpoena. The printed confirmation from the sender’s facsimile machine shall be attached to the return of service.

Service may also be made by electronic mail. The return of service shall declare that service was accomplished by electronic mail to a specific electronic mail address, on a specific date and time, and shall state that the sender obtained confirmation from the person subpoenaed that the person received the subpoena. A copy of the electronic mail confirming the person’s receipt of the subpoena shall be attached to the return of service.

(e) Place of service. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the State.
(f) For taking deposition; place of examination.

(1) Issuance. An order to take a deposition authorizes the issuance by the clerk of subpoenas for the persons named or described therein.
(2) Place. A resident of the State may be required to attend an examination only in the county wherein the resident resides or is employed or transacts the resident’s business in person, or at such other convenient place as is fixed by an order of court. A nonresident of the State subpoenaed within the State may be required to attend only in the county wherein the resident is served with a subpoena or at such other convenient place as is fixed by an order of court.
(g) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon the person may be deemed a contempt of the court from which the subpoena issued.

Haw. R. Pen. P. 17

Amended February 4, 2000, effective July 1, 2000; further amended August 14, 2000, effective January 1, 2001; further amended December 7, 2006, effective January 1, 2007; amended effective January 1, 2017