New C.R.C.P. Rule 45 to take effect 01/01/2013
Posted December 31, 2012 in Legislative
Colorado has repealed the current rule governing service of subpoenas and readopted the New C.R.C.P. 45. The new Rule 45, will become effective 01/01/2013. The new rule changes the time for service prior to appearance or action. In the rule that will be repealed, service of a subpoena needed to be accomplished 48 hours prior to the event. The new rule provides service to be effected anywhere from 48 hours to 14 days prior to the event.
Subpoena for Trail or Hearing 48 hours
Subpoena for Deposition 7 days
Subpoena for Documents 14 days
The new rule, will authorize a sitting judge to quash service of any subpoena not served within the time frames, by motion to quash service for failing to allow reasonable time to comply.
Also the new rule will allow subpoenas requiring a witness fee check to be issued and served at the same time or the witness fee check to be mailed or delivered to the person prior the event.