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PA Bulletin, Doc. No. 09-1406

THE COURTS

Title 231--RULES OF
CIVIL PROCEDURE

PART I.  GENERAL

[ 231 PA. CODE CH. 200 ]

In Re:  Amendment of Rule 234.2 Governing the Issuance and Service of Subpoenas; No. 514

[39 Pa.B. 4738]
[Saturday, August 8, 2009]

Order

Per Curiam:

   And Now, this 23rd day of July, 2009, Pennsylvania Rule of Civil Procedure 234.2 is amended to read as follows.

   This Order shall be processed in accordance with Pa.R.J.A. No. 103(b) and shall be effective September 1, 2009.

Annex A

TITLE 231.  RULES OF CIVIL PROCEDURE

PART I.  GENERAL

CHAPTER 200.  BUSINESS OF COURTS

Rule 234.2.  Subpoena. Issuance. Service. Compliance. Fees. Prisoners.

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   (b)  A copy of the subpoena may be served upon any [person] adult within the Commonwealth by an adult[.]

   Official Note:  For service of a subpoena upon a minor who is a witness, see subdivision (e).

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   (c)  The fee for one day's attendance and round trip mileage shall be tendered upon demand at the time the person is served with a subpoena. If a subpoena is served by mail, a check in the amount of one day's attendance and round trip mileage shall be enclosed with the subpoena.

   Official Note:  See 42 [Pa.C.S.A.] Pa.C.S. § 5903 for the compensation and expenses of witnesses. See also Evans v. Otis Elevator Co., 403 Pa. 13, 168 A.2d 573 (1961), regarding the right of an expert witness to refuse to testify on behalf of an adverse party.

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   (e)(1)  For the purposes of this subdivision, ''guardian'' shall mean any parent, custodian, or other person who has legal custody of a minor, or person designated by the court to be a temporary guardian for purposes of a proceeding.

   (2)(i)  Except as provided by subdivision (ii), if a witness is a minor, a copy of the subpoena shall be served upon the minor and the guardian of the minor within the Commonwealth by an adult in the manner prescribed in subdivision (b).

   Official Note:  See Rule 76 for definition of ''minor.''

   (ii)  Upon prior court approval and good cause shown, a copy of the subpoena may be served upon a minor who is a witness without serving a copy of the subpoena on the guardian. The copy of the subpoena shall be served upon the minor within the Commonwealth by an adult in the manner prescribed in subdivision (b).

Explanatory Comment

   To provide greater protection to minors, Rule 234.2 has been amended to provide a separate procedure for the issuance and service of a subpoena on a witness who is a minor. The amendment provides that a subpoena must be served upon the minor and the guardian of the minor. A subpoena may be served on a minor who is a witness without also serving the guardian if a court has reviewed and given prior approval for the issuance of the subpoena upon good cause shown.

By the Civil Procedural Rules Committee

STEWART L. KURTZ,   
Chair

[Pa.B. Doc. No. 09-1406. Filed for public inspection August 7, 2009, 9:00 a.m.]


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