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Rule 45 of the Kentucky Rules of Civil Procedure pertains to subpoenas, outlining how they should be issued and served. This rule provides detailed guidance on both production of documents and witness testimony. Understanding Rule 45 is essential when dealing with a Kentucky Notice of Subpoena, ensuring that all legal requirements are followed. To streamline the process, consider using uslegalforms as a reliable resource for legal documents.
In simple terms, a subpoena is issued by the Court to request documents from someone who is not a party to the proceedings. On the other hand, a notice to produce is issued by a party to the proceedings to request documents from another party.
A notice to produce is used by a party to proceedings to request documents or other items. A reasonable period of time to respond to a notice to produce is 14 days after service of the notice. Unlike a subpoena, a notice to produce does not require conduct money.
In New South Wales, Notices to Produce are governed by the Uniform Civil Procedure Rules 2005 (NSW) (UCPR). A Notice to Produce is a procedure through which a party to proceedings may serve on another party a notice requiring the production of specified documents, or things (such as a computer).
(4) A subpoena may be served by any officer by whom a summons might be served. It may also be served by any person eighteen years of age or over, and that person's affidavit endorsed thereon shall be proof of service or the witness may acknowledge service in writing on the subpoena.
Effective 6/27/2019, the Boone County Sheriff's Office will charge $70.00 for the service of a subpoena and $70.00 for the service of a civil summons. This includes a $60 charge, as indicated in KRS 64.090 (2), as well as a fee of $10 imposed by Boone County. KRS 64.090 (2):
A party to an out of state action can obtain a subpoena to take a deposition in Kentucky by filing a commission from the foreign court authorizing the taking of depositions, or proof of notice duly served, after which the District Court will issue the necessary subpoenas.
(1) A subpoena may be served in any manner that a summons might be served. It may also be served by any person over eighteen years of age, and the affidavit endorsed thereon by such person shall be proof of service or the witnesses may acknowledge service in writing on the subpoena.
A subpoena may be served at any place within this state. Proof of service shall be made by filing with the issuing court a statement showing the date and manner of service and the names of the persons served. The statement must be certified by the server.
Rule 45.01.The clerk or other authorized officer shall issue a subpoena, or a subpoena for the production of documentary or other tangible evidence, signed but otherwise in blank, to a party requesting it, who shall fill it in before service.