© Superior Court of Arizona in Maricopa County CVSU12f – 010119
ALL RIGHTS RESERVED Page 1 of 6
Person Filing:
Address (if not protected):
City, State, Zip Code:
Telephone:
Email Address:
Lawyer’s Bar Number:
Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY
In the Matter of:
Case No.
CIVIL SUBPOENA
Plaintiff(s)
Arizona Rules of Civil Procedure, Rules 45, 84
Defendant(s)
TO: Name:
Address:
City, State, Zip:
(Place a check mark in one or more of the following box(es) as appropriate.)
1. For Attendance of Witnesses at Hearing or Trial:
YOU ARE ORDERED TO APPEAR in the Superior Court of Arizona in Maricopa County, at the date, time, and place specified below to testify at a Hearing Trial in the case named above, before:
Judicial Officer:
(at) Address:
Building:
Floor:
Room #:
Date:
Time:
For Clerk’s Use Only
Case No.______________________
© Superior Court of Arizona in Maricopa County CVSU12f – 010119
ALL RIGHTS RESERVED Page 2 of 6
2. For Taking of Depositions:
YOU ARE ORDERED TO APPEAR at the place, date and time specified below to testify at the taking of a deposition in the above-named case:
Place of Deposition:
(at) Address:
Building:
Floor:
Room #:
Date:
Time:
Method of Recording:
CIVIL SUBPOENA DUCES TECUM
3. For Production of Documentary Evidence or Objects or Inspection of Premises:
YOU ARE ORDERED to produce and permit inspection, copying, testing, or sampling of the following designated documents, electronically stored information or tangible things, or to permit inspection of the premises at the place, date, and time specified below:
LIST Documents, Information or Objects:
Additional items listed on attached page(s)
TO BRING WITH YOU to the court proceeding or deposition, OR to the following
place of Production or Inspection:
Place of Production or Inspection:
(at) Address:
Floor:
Room #:
Date:
Time:
YOUR APPEARANCE IS NOT REQUIRED if the items ordered to be produced are delivered to the requesting party within the time allowed AND you are not otherwise ordered to appear.
Issued this date:
Clerk of Superior Court
By:
Deputy Clerk of Superior Court
Case No.______________________
© Superior Court of Arizona in Maricopa County CVSU12f – 010119
ALL RIGHTS RESERVED Page 3 of 6
Your Duties In Responding To This Civil Subpoena*
*See Arizona Rules of Civil Procedure (A.R.C.P.), Rules 45(b), (c), and (e), and the “Your Right to Object to this Subpoena” section below.
ATTENDANCE AT A TRIAL: If this subpoena commands you to appear at a trial, you must appear at the place, date and time designated in the subpoena unless you file a timely motion with the court and the court quashes or modifies the subpoena. Unless a court orders otherwise, you are required to travel to any part of the state to attend and give testimony at a trial.
ATTENDANCE AT A HEARING OR DEPOSITION: If this subpoena commands you to appear at a hearing or deposition, you must appear at the place, date and time designated in this subpoena unless either:
(1) you file a timely motion with the court and the court quashes or modifies the subpoena; or
(2) you are not a party or a party’s officer and this subpoena commands you to travel to a place other than:
(a) the county where you reside or you transact business in person; or
(b) the county in which you were served with the subpoena or within forty (40) miles from the place of
service; or
(c) such other convenient place fixed by a court order.
PRODUCTION OF DOCUMENTARY EVIDENCE: If this subpoena commands you to produce and permit inspection, copying, testing or sampling of designated documents, electronically stored information, or tangible things, you must make the items available at the place, date and time designated in this subpoena, and in the case of electronically stored information, in the form or forms requested, unless you provide a good faith written objection to the party or attorney who served the subpoena.
You may object to the production of electronically stored information from sources that you identify as not reasonably accessible because of undue burden or expense, including sources that are unduly burdensome or expensive to access because of the past good-faith operation of an electronic information system or good faith or consistent application of a document retention policy. See “Your Right to Object To This Subpoena” section below.
If this subpoena does not specify a form for producing electronically stored information, you may produce it in native form or in another reasonably usable form that will enable the receiving party to have the same ability to access, search, and display the information as the responding person, but you need not produce the same electronically stored information in more than one form.
If the subpoena commands you to produce documents, you have the duty to produce the designated documents as they are kept by you in the usual course of business, or you may organize the documents and label them to correspond with the categories set forth in the subpoena.
INSPECTION OF PREMISES: If this subpoena commands you to make certain premises available for inspection, you must make the designated premises available for inspection on the date and time designated in this subpoena unless you provide a good faith written objection to the party or attorney who served the subpoena.
COMBINED SUBPOENA: You should note that a command to produce certain designated materials, or to permit the inspection of premises, may be combined with a command to appear at a trial, hearing or deposition. You do not, however, need to appear in person at the place of production or inspection unless the subpoena also states that you must appear for and give testimony at a hearing, trial, or deposition.
Case No.______________________
© Superior Court of Arizona in Maricopa County CVSU12f – 010119
ALL RIGHTS RESERVED Page 4 of 6
YOUR RIGHT TO OBJECT TO THIS CIVIL SUBPOENA
I. GENERALLY. If you have concerns or questions about this subpoena, you should first contact the party or attorney who served the subpoena. The party or attorney serving the subpoena has a duty to take reasonable steps to avoid imposing an undue burden or expense on you. The superior court enforces this duty and may impose sanctions upon the party or attorney serving the subpoena if this duty is breached.
Unless otherwise ordered by the court for good cause, the party seeking discovery from you must pay your reasonable expenses incurred in responding to a subpoena seeking the production of documents, electronically stored information, tangible things, or an inspection of premises.
If you seek payment of expenses other than routine clerical and per-page costs as allowed by A.R.S. § 12-351, you must object on the grounds of undue burden to producing the materials without the subpoenaing party’s payment, and send an advanced estimate of those expenses to the subpoenaing party before the time specified for compliance or within 14 days after the subpoena is served, whichever is earlier.
You need not comply with those parts of the subpoena that are the subject of the objection, unless the court orders you to do so. The court may enter an order conditioning your response to the subpoena on payment of your additional expenses, including ordering payment of those expenses in advance.
II. PROCEDURE FOR OBJECTING TO A SUBPOENA FOR ATTENDANCE AT A HEARING, TRIAL OR DEPOSITION:
If you wish to object to a subpoena commanding your appearance at a hearing, trial or deposition, you must file a motion to quash or modify the subpoena with the court to obtain a court order excusing you from complying with this subpoena.*
The motion must be filed in the superior court of the county in which the case is pending or in the superior court of the county from which the subpoena was issued.*
The motion must be filed before the time specified for compliance or within 14 days after the subpoena is served, whichever is earlier.*
You must send a copy of any motion to quash or modify the subpoena to the party or attorney who served the subpoena.
Even if you file such a motion, you must still attend and testify at the date, time, and place specified in the subpoena, unless excused from doing so—by the party or attorney serving the subpoena or by a court order— before the date and time specified for your appearance.
III. COURT MODIFIES or VOIDS (quashes) CIVIL SUBPOENA
A. The court must quash or modify a subpoena if . . .
(1) the subpoena does not provide a reasonable time for compliance;
(2) unless the subpoena commands your attendance at a trial, if you are not a party or a party’s officer and if the subpoena commands you to travel to a place other than:
a. the county in which you reside or transact business in person;
b. the county in which you were served with a subpoena, or within forty (40) miles from the place of service; or
c. such other convenient place fixed by a court order; or
(3) the subpoena requires disclosure of privileged or other protected matter, if no exception or waiver applies; or
(4) the subpoena subjects you to undue burden.
B. The court may quash or modify a subpoena if . . .
Case No.______________________
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(1) the subpoena requires you to disclose a trade secret or other confidential research, development or commercial information;
(2) you are an unretained expert and the subpoena requires you to disclose your opinion or information resulting from your study that you have not been requested by any party to give on matters that are specific to the dispute;
(3) you are not a party or a party’s officer and the subpoena would require you to incur substantial travel expense; or
(4) the court determines that justice requires the subpoena to be quashed or modified.
In these last four circumstances a court may instead of quashing or modifying a subpoena, order your appearance or order the production of material under specified conditions if:
a. the serving party or attorney shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and
b. if your travel expenses or the expenses resulting from the production are at issue, the court ensures that you will be reasonably compensated.
IV. PROCEDURE FOR OBJECTING to subpoena for production of documentary evidence:
A. If you wish to object to a subpoena commanding you to produce documents, electronically stored information or tangible items, or to permit the inspection of premises, you may send a good faith written objection to the party or attorney serving the subpoena that objects to:
(1) producing, inspecting, copying, testing or sampling any or all of the materials designated in the subpoena;
(2) inspecting the premises; or
(3) producing electronically stored information in the form or forms requested or from sources that are not reasonably accessible because of undue burden or expense, the good faith routine operation of an electronic information system, or the good faith and consistent application of a document retention policy
B. You may also object on the ground that the subpoena seeks the production of materials that have already been produced in the action or that are available from parties to the action
C. If you seek payment of expenses other than routine clerical and per page copying costs as allowed by A.R.S. § 12-351, you must object on the grounds of undue burden to producing the materials without subpoenaing party’s payment, and provide an advance estimate of those additional expenses.
You must send your written objection to the party or attorney who served the subpoena before the time specified for compliance or within 14 days after the subpoena is served, whichever is earlier.
D. If you object because you claim the information requested is privileged, protected, or subject to protection as trial preparation material, you must express the objection clearly, and identify in writing the information, document, or electronically stored information withheld and describe the nature of that information, document, or electronically stored information in a manner that – without revealing information that is itself privileged or protected – will enable the demanding party to assess the claim.
E. You may object to providing the information required by Rule 26(b)(6)(A) if providing the information would impose an undue burden or expense.
Case No.______________________
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F. If you object to the subpoena in writing, you do not need to comply with the subpoena until a court orders you to do so. It will be up to the party or attorney serving the subpoena to first personally consult with you and engage in good faith efforts to resolve your objection and, if the objection cannot be resolved, to seek an order from the court to compel you to provide the documents or inspection requested, after providing notice to you.
G. If you are not a party to the litigation, or a party’s officer, the court will issue an order to protect you from any significant expense resulting from the inspection and copying commanded. See Rule 45(c)(6)(B) of the Arizona Rules of Civil Procedure.
H. Instead of sending a written objection to the party or attorney who served the subpoena, you also have the option of raising your objections in a motion to quash or modify the subpoena, or through a protective order. See Rule 45(c)(6)(B) and (e)(2) of the Arizona Rules for Civil Procedure. The procedure and grounds for doing so are described in the section above entitled “Procedure for Objecting to a Subpoena for Attendance at a Hearing, Trial or Deposition.”
I. If the subpoena also commands your attendance at a hearing, trial or deposition, sending a written objection to the party or attorney who served the subpoena does not suspend or modify your obligation to attend and give testimony at the date, time and place specified in the subpoena. See Rule 45(c)(6)(A)(iii) of the Arizona Rules of Civil Procedure.
(1) If you wish to object to the portion of this subpoena requiring your attendance at a hearing, trial or deposition, you must file a motion to quash or modify the subpoena as described in the section above entitled “Procedure for Objecting to a Subpoena for Attendance at a Hearing, Trial or Deposition.” See Rule 45(b)(5) and 45(c)(6)(A)(iii) of the Arizona Rules of Civil Procedure.
(2) Even if you file such a motion, you must still attend and testify at the date, time, and place specified in the subpoena, unless excused from doing so—by the party or attorney serving the subpoena or by a court order—before the date and time specified for your appearance.
ADA Notification
Requests for reasonable accommodation for persons with disabilities must be made to the division assigned to the case by the party needing accommodation or his/her counsel at least three (3) judicial days in advance of a scheduled proceeding.
Interpreter Notification
Requests for an interpreter for persons with limited English proficiency must be made to the division assigned to the case by the party needing the interpreter and/or translator or his/her counsel at least ten (10) judicial days in advance of a scheduled court proceeding.
SIGNED AND SEALED this date
Clerk of Superior Court
By:
Deputy Clerk of Superior Court
Certificate of service:
COSTS TO PERSON SENDING THE CIVIL SUBPOENA
WARNING: You are responsible for the other person’s reasonable costs of compliance with the subpoena. The amount of reimbursement that person is entitled to for his or her costs is governed by Arizona Revised Statutes (A.R.S.) §12-351 and §12-303 as well as Arizona Rule of Civil Procedure 45(c). The full text of the statutes and rule are available online or at the Court’s Law Library Resource Center.
A.R.S. §12-351 describes costs of compliance with a subpoena for production of documents. A.R.S. §12-351 says in part:
1. The witness submits an itemized statement to the requesting party stating the reproduction and clerical costs incurred by the witness.
2. If a subpoena is subsequently withdrawn, quashed, modified or limited other than by the witness, the witness is entitled to reimbursement for all reasonable costs incurred in compliance with the subpoena to the time that the requesting party has notified the witness that the subpoena has been withdrawn, quashed, modified or limited.
3. The requesting party is not required to pay the reasonable costs before the documents are available for delivery as required by the subpoena. The witness may demand payment of the costs at the time of the actual delivery of the subpoenaed documents.
4. The requesting party may petition the court in which the case is pending to recover from the witness all or part of the costs paid or to reduce the costs charged by the witness if these costs were excessive.
5. “Reasonable costs” means twenty-five cents for each page of standard reproduction of documents and the actual costs for reproduction of documents which require special processing plus the reasonable clerical costs incurred in locating and making the documents available billed at the rate of twenty-five dollars per hour per person.
WARNING: A.R.S. §12-303 describes the costs of compliance with a subpoena for witness testimony. Persons subject to subpoenas to appear as witnesses in a civil law suit must be paid $12 for each day’s attendance as well as mileage at 20 cents per mile from the witness’s residence to the place of trial, hearing, or deposition. The mileage reimbursement is one way only from their home to the place of trial or hearing and does not include reimbursement for travel home.
WARNING: Persons subject to subpoenas are protected. Rule 45(c) and (e) of the Arizona Rules of Civil Procedure protect a person subject to a subpoena from undue burden or expense. Rule 45 says in part:
1. If the requesting party fails to comply with this requirement, sanctions may include lost earnings and a reasonable attorneys’ fee. (A.R.C.P 45 (e)(1))
2. A person commanded to produce and permit inspection, copying, testing, or sampling of designated books, papers, documents, electronically stored information or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial. (A.R.C.P. 45 (c)(3))
3. A person receiving a subpoena can object to the subpoena in writing through the Court within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service. If objection is made, the party serving the subpoena shall not be entitled to see the documents or materials except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, file a motion with the Court at any time for an order to compel the production. (A.R.C.P 45 (c)(5))
© Superior Court of Arizona in Maricopa County CVSU12h-070118
ALL RIGHTS RESERVED Page 1 of 1
Person Filing:
Address (if not protected):
City, State, Zip Code:
Telephone:
Email Address:
Lawyer’s Bar Number:
Representing Self, without a Lawyer or Attorney for Petitioner OR Respondent
SUPERIOR COURT OF ARIZONA
IN MARICOPA COUNTY
In the Matter of:
Case No.
AFFIDAVIT OF SERVICE of CIVIL SUBPOENA
Plaintiff(s)
Arizona Rules of Civil Procedure, Rule 45 (d)
Defendant(s)
I received the Subpoena addressed to:
__________________________________________________
which was dated:
________________
I personally served the subpoena as follows:
On this date: _____________________
At this time:
At this location:
To: (Name)
Manner of Service:
(how served)
I was over the age of 18 at the time the subpoena was served. I am not a party to the case.
UNDER PENALTY OF PERJURY:
By signing below, I state to the Court under penalty of perjury that the contents of this document are true and correct.
Date:
Signature
Printed Name:
Street Address:
City, State, Zip Code:
Telephone Number(s):
FEES $
MILEAGE
CHARGES $
OTHER $
TOTAL $
For Clerk’s Use Only
© Superior Court of Arizona in Maricopa County CVSU28f-070118
ALL RIGHTS RESERVED Page 1 of 1
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