Rule 234.5.Failure to Comply with Subpoena. Notice to Attend or Notice to Produce.
Adopted December 14, 1989 · Not amended since adoption · Last verified June 30, 2026
In one sentenceRule 234.5 lets the court enforce a subpoena or notice, providing that a witness who fails to comply may face a bench warrant and, if the failure is wilful, contempt, and that a party who fails to comply with a subpoena, notice to attend, or notice to produce may face the discovery sanctions of Rule 4019(c).
(a)If a witness fails to comply with a subpoena, the court may issue a bench warrant and if the failure to comply is wilful may adjudge the witness to be in contempt. No bench warrant may be issued and no adjudication of contempt may be made for the nonappearance of a witness served by ordinary mail pursuant to Rule 234.2(b)(3) unless the witness has returned the signed form of acknowledgment prescribed by Rule 234.9.
(b)If a party fails to comply with a subpoena, a notice to attend or a notice to produce, the court may enter any order imposing appropriate sanctions authorized by Rule 4019(c) and, if the failure to comply is for the purpose of delay or in bad faith, the court may impose on that party the reasonable expenses actually incurred by the opposing party by reason of such delay or bad faith, including attorney’s fees. If the failure is wilful the court, after hearing may adjudge the party to be in contempt.
End
Plain-English Summary
This rule supplies the consequences for ignoring compulsory process. If a witness fails to comply with a subpoena, the court may issue a bench warrant, and if the failure is wilful it may adjudge the witness in contempt.
Parties face a different track. If a party fails to comply with a subpoena, a notice to attend, or a notice to produce, the court may impose the sanctions authorized by the discovery rule, Rule 4019(c). A failure meant to delay, or made in bad faith, can also cost the party the reasonable expenses and fees it caused the other side, and a wilful failure can be punished as contempt.
Frequently Asked Questions
What happens if someone ignores a subpoena?
A witness who fails to comply may face a bench warrant and, if the failure is wilful, contempt. A party who fails to comply with a subpoena or notice may face the sanctions authorized by Rule 4019(c).
Amendment History
The provisions of this Rule 234.5 adopted December 14, 1989, effective January 1, 1990, 20 Pa.B. 7.
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. This rule has not been amended since its adoption. Last verified June 30, 2026. ·
Official text
Also known as:failure to comply with subpoenabench warrantsubpoena sanctionscontempt