Rule 45.Subpoena

Rule 45(A) sets the minimum content for every subpoena — the name of the court, the title of the action (using only the lead-named plaintiff and defendant plus the case number, not every party), and a command to appear and testify at a stated time and place. The clerk issues subpoenas already signed and sealed but otherwise blank, so the party or attorney requesting one fills in the details before serving it. Indiana also lets an attorney, as an officer of the court, sign and issue a subpoena directly — on behalf of a court where the attorney has appeared for a party, or on behalf of a court compelling a deposition or document production tied to a case where the attorney has appeared — without routing it through the clerk. Rule 45(B) covers subpoenas that demand documents: if a document subpoena is unreasonable and oppressive, the court, on a prompt motion made at or before the compliance deadline, can quash or modify it, or condition denial of the motion on the requesting party advancing the reasonable cost of producing what is sought. Rule 45(C) allows a sheriff, a deputy, a party, or any other person to serve a subpoena by delivering a copy to the person named, using the same methods available under Rules 4.1, 4.16, and 5(B).

Rule 45(D) addresses deposition subpoenas: proper service of a deposition notice is enough by itself to authorize the clerk of the county where the deposition will happen to issue subpoenas for the people named, and a deposition subpoena can also demand documents within the scope of discovery, subject to the same protective-order and quash-or-modify rules that apply generally. Geography matters here — an individual can be compelled to attend a deposition only in the county where they live, work, or personally transact business, or another convenient place set by court order; a nonresident of Indiana can be compelled to attend only in the county where served, within 40 miles of where served, or another convenient place set by court order; and a nonresident plaintiff can be required, at their own expense, to attend an examination in the county where the case was filed or another county the court sets. Rule 45(E) covers subpoenas for a hearing or trial, issued by the clerk of the county where the case is pending (or, for a deposition, also by the clerk of the county where the deposition occurs), again with the option for an attorney to issue and sign the subpoena directly under the same conditions as Rule 45(A). A hearing or trial subpoena can be served anywhere in Indiana, and reaching outside the state requires court authorization consistent with applicable federal, other-state, or foreign law. Rule 45(F) makes disobeying a subpoena without adequate excuse contempt of the issuing court or the court of the county where compliance was required, enforceable by attachment. Rule 45(G) requires tendering one day’s witness fee and the mileage the law allows when serving someone who must attend outside their home county — except a party being subpoenaed, or an organization’s officer, employee, agent, or representative being questioned about matters connected to that role, neither of whom is owed an advance tender. Rule 45(H) closes with proof of service: a sheriff’s or deputy’s return is proof by itself, while anyone else who serves a subpoena must prove it by affidavit, and service fees can only be charged as costs when a sheriff or deputy did the serving.