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Section 13-28A.—Deposition Subpoenas

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceThis section governs deposition subpoenas in Connecticut — how they are issued, what they can require a witness to produce, how a witness may object, and how a party can move to compel or quash compliance.

Full Text of Section 13-28A

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i)

(a) In an action pending in this state, any judge or clerk of any court in this state or Commissioner of the Superior Court, may issue a subpoena, upon request, for the appearance of any witness before a person designated in Section 13-28 (a) within this state to give testimony at a deposition subject to the provisions of Sections 13-2 through 13-5, if the party seeking to take such person’s deposition has complied with the provisions of Sections 13-26 and 13-27.
(b) In any action pending in another state, as defined in General Statutes § 52-656 (4), that has adopted the Interstate Depositions and Discovery Act, any judge or clerk of the Connecticut Superior Court, upon receipt of the documents required by General Statutes § 52-657, may issue a subpoena in accordance with the procedures set forth in General Statutes § 52-657 for discovery to be had in this state.
(c) A subpoena issued for the taking of a deposition may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents or tangible things which constitute or contain matters within the scope of the examination permitted by Sections 13-2 through 13-5. Unless otherwise ordered by a judge of the Superior Court or agreed upon in writing by the parties, any subpoena issued to a person commanding the production of documents or other tangible thing at a deposition shall not direct compliance within less than fifteen days from the date of service thereof.
(d) (1) Any person to whom a subpoena has been directed, which subpoena commands (A) the person’s appearance at a deposition, or (B) the production, copying or inspection of books, papers, documents or tangible things may, within fifteen days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than fifteen days after service, serve upon the party who requested issuance of the subpoena written objection to appearing or producing, copying or permitting the inspection of such books, papers, documents or tangible things. Service of the objection shall be made by United States mail, certified or registered, postage prepaid, return receipt requested, without the use of a state marshal or other officer. If the objection is based upon the subpoenaed person incurring unreasonable expense, such written objection shall be accompanied by an affidavit of costs setting forth the estimated or actual costs of compliance with such subpoena, including, but not limited to, the person’s attorney’s fees or the costs to such person of electronic discovery. (2) If a person makes such written objection, the party who requested issuance of the subpoena
(A) shall not be entitled to compel such person’s appearance or receive, copy or inspect the books, papers, documents or tangible things, except pursuant to an order of the Superior Court, and (B) may, upon notice to such person, file a motion pursuant to subsection (g) below for an order to compel such person’s appearance or production, copying or inspection of such materials in accordance with the terms of such subpoena. (3) The provisions of subdivisions (1) and (2) of this subsection shall not be applicable to a civil action filed to recover damages resulting from personal injury or wrongful death in which it is alleged that such injury or death resulted from professional malpractice of a health care provider or health care institution.
(e) For purposes of any motion filed pursuant to this section, the appropriate Superior Court is
(1) for an action pending in this state, the judicial district where the action is pending, (2) for an action pending in another state that has adopted the Interstate Depositions and Discovery Act, the judicial district in this state that issued the subpoena, and (3) for an action pending in a state that has not adopted that Act, the judicial district where the person to whom the subpoena is directed resides.
(f) A party or the person to whom the subpoena is directed may move to quash or modify the subpoena. The court may, upon motion made promptly and, in any event, at or before the time for compliance specified in a subpoena authorized by subsections (a) or (b) of this section, (1) quash or modify the subpoena if it is unreasonable and oppressive or if it seeks the production of materials not subject to production under the provisions of subsection (c) of this section, or (2) condition denial of the motion upon the advancement by the party who requested the subpoena of the reasonable cost of producing the materials being such.
(g) A party may move for a protective order pursuant to Section 13-5 to prevent or to modify the subpoena.
(h) The party who served the subpoena may move to compel compliance with the subpoena. Upon receipt of such motion together with the payment of all entry fees, if required, the clerk shall schedule the matter for hearing and provide the moving party notice of the time and place of the hearing. The moving party shall serve the motion to compel and the notice of the time and place of the hearing upon the subpoenaed party. If the nonparty to whom the subpoena was directed served an objection asserting that the subpoena subjected that nonparty to unreasonable burden or expense, when ruling on a motion to compel directed to such person, the court shall make a finding as to whether the subpoena subjects the person to undue or unreasonable burden or expense prior to entering any order to compel such person’s appearance or the production, copying or inspection of such materials. If the court finds that the subpoena issued to the person subjects such person to undue or unreasonable burden or expense, any order to compel such person’s appearance or production, copying or inspection of such materials shall protect the person from undue or unreasonable burden or expense resulting from compliance with such subpoena and, except in the case of a subpoena commanding the production, copying or inspection of medical records, may include, but not be limited to, the reimbursement of such person’s reasonable costs of compliance, as set forth in the affidavit of costs.
(i) If any person to whom a lawful subpoena is issued under any provision of this section fails without just excuse to comply with any of its terms, the court may issue a capias and cause the person to be brought before that court, and, if the person subpoenaed refuses to comply with the subpoena, the court may commit the person to jail until such person signifies a willingness to comply with it. Alternatively, the court may impose one or more of the orders set forth in Section 13-14 for discovery noncompliance.
End

Amendment History

(Adopted June 12, 2025, to take effect Jan. 1, 2026.) COMMENTARY–2026: This new section was created in response to the adoption of the Interstate Depositions and Discovery Act, now codified at General Statutes § 52-655 et seq. Former subsections (b) through (g) were moved from Section 13-28 to this new section to specifically address deposition subpoenas. Subsection (a) addresses deposition subpoenas for actions pending in this state. Subsection (b) is new, and it addresses subpoenas to be issued in this state for actions pending in other states that have adopted the Interstate Depositions and Discovery Act. Subsection (c) is essentially the same as former Section 13-28 (c), and it addresses the inclusion of document requests in deposition subpoenas. Subsection (d) incorporates language that previously was in Section 13-28 (g) (2) and (3). It provides for an objection to a subpoena. Subsection (e) is new. It instructs litigants on where any motion responsive to a subpoena served in this state should be filed. Subsection (f) is a slightly modified version of former Section 13-28 (e). It provides for a motion to quash or modify a subpoena. Subsection (g) is new. It refers parties to the protective order procedure in Section 13-5. Subsection (h) is a slightly modified version of part of former Section 13-28 (g) (2). It permits the party who served the subpoena to move to compel compliance. Subsection (i) was formerly Section 13-28 (f). It has been modified to provide the court with options in addition to issuing a capias when the person issued a deposition subpoena fails to comply.

Rules Committee Commentary

TECHNICAL CHANGE: In subsection (e), ‘‘is’’ was added before ‘‘directed.’’

Plain-English Summary

Section 13-28A explains how a party compels a witness to attend a deposition. A judge, clerk, or Superior Court Commissioner may issue a subpoena for a witness to appear before an officer authorized under Section 13-28, provided the party has already followed the notice requirements of Sections 13-26 and 13-27. For actions pending in another state that has adopted the Interstate Depositions and Discovery Act, a Connecticut judge or clerk may issue a subpoena for discovery to happen here upon receiving the required documents. A subpoena can command the witness to produce and permit inspection of documents or tangible things within the scope of discovery, and unless the parties agree otherwise or a judge orders otherwise, compliance cannot be required in fewer than fifteen days from service.

A person served with a subpoena has fifteen days (or less if the subpoena specifies a shorter compliance period) to serve a written objection to appearing or producing materials, and an objection based on unreasonable expense must include an affidavit of costs. Once an objection is served, the requesting party cannot compel compliance without a court order and may move to compel. A party or the subpoenaed person may also move to quash or modify an unreasonable or oppressive subpoena, or move for a protective order under Section 13-5. If the court finds a subpoena imposes undue burden or expense on a nonparty, any order compelling compliance must protect that person from the burden, which can include reimbursing compliance costs. A person who defies a lawful subpoena without just excuse can be brought before the court by capias and, if still noncompliant, committed to jail, or the court may impose the sanctions available under Section 13-14.

Frequently Asked Questions

Who can issue a deposition subpoena in Connecticut?

Any judge or clerk of a Connecticut court, or a Commissioner of the Superior Court, can issue a subpoena for a witness to appear at a deposition, once the party seeking it has satisfied the notice requirements of Sections 13-26 and 13-27.

How much time do I have to object to a deposition subpoena?

A person served with a subpoena generally has fifteen days after service to serve a written objection, or less time if the subpoena itself sets a shorter compliance deadline.

What happens after a witness objects to a subpoena?

The requesting party can no longer compel appearance or production without a court order and must file a motion to compel; the court will assess whether the subpoena imposes undue burden or expense and can order protections, including reimbursement of compliance costs.

What if someone ignores a lawful deposition subpoena?

The court may issue a capias to bring the person before it and can commit the person to jail until they agree to comply, or impose the discovery sanctions available under Section 13-14.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 13-28A). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. · Official source
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