Issuance of subpoena. (a) To request issuance of a subpoena under this section, a party shall submit a foreign subpoena and a copy of the sworn statement required under § 13-449(b) [§ 13-449] to the Clerk of the Superior Court. A request for the issuance of a subpoena under this chapter does not constitute an appearance in the courts of the District of Columbia. (b) Except as provided in subsection (d) of this section, when a party submits a foreign subpoena to the Clerk of the Superior Court, the clerk, in accordance with the Rules of the Superior Court, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed. (c) A subpoena under subsection (b) of this section shall: (A) Incorporate the terms used in the foreign subpoena; and (B) Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel. (d) If a party submits a document to the Clerk of the Superior Court that would be a valid foreign subpoena except that the party seeking enforcement and their counsel refuse to provide the affirmation required rty submits a document to the Clerk of the Superior Court that would be a valid foreign subpoena except that the party seeking enforcement and their counsel refuse to provide the affirmation required by § 13-449, then the Clerk shall not issue the requested subpoena and shall instead issue to the person to whom the document is directed a copy of the document and a notice of violation of § 13-449 on a form developed by the Clerk of the Superior Court. (May 22, 2010, D.C. Law 18-147, § 2(b), 57 DCR 2552; Feb. 23, 2023, D.C. Law 24-257, § 201(b), 69 DCR 14641.) Editor's Notes Uniform Law: This section is based upon § 3 of the Uniform Interstate Depositions and Discovery Act.
District of Columbia Legal Code