Rule 13-28A. Deposition Subpoenas

(a) In an action pending in this state, any judge or clerk of any court in this state or Commissioner of the Superior Court, may issue a subpoena, upon request, for the appearance of any witness before a person designated in Section 13-28 (a) within this state to give testimony at a deposition subject to the provisions of Sections 13-2 through 13-5, if the party seeking to take such person's deposition has complied with the provisions of Sections 13-26 and 13-27.

(b) In any action pending in another state, as defined in General Statutes § 52-656 (4), that has adopted the Interstate Depositions and Discovery Act, any judge or clerk of the Connecticut Superior Court, upon receipt of the documents required by General Statutes § 52-657, may issue a subpoena in accordance with the procedures set forth in General Statutes § 52-657 for discovery to be had in this state.

(c) A subpoena issued for the taking of a deposition may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents or tangible things which constitute or contain matters within the scope of the examination permitted by Sections 13-2 through 13-5. Unless otherwise ordered by a judge of the Superior Court or agreed upon in writing by the parties, any subpoena issued to a person commanding the production of documents or other tangible thing at a deposition shall not direct compliance within less than fifteen days from the date of service thereof.

(d) (1) Any person to whom a subpoena has been directed, which subpoena commands (A) the person's appearance at a deposition, or (B) the production, copying or inspection of books, papers, documents or tangible things may, within fifteen days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than fifteen days after service, serve upon the party who requested issuance of the subpoena written objection to appearing or producing, copying or permitting the inspection of such books, papers, documents or tangible things. Service of the objection shall be made by United States mail, certified or registered, postage prepaid, return receipt requested, without the use of a state marshal or other officer. If the objection is based upon the subpoenaed person incurring unreasonable expense, such written objection shall be accompanied by an affidavit of costs setting forth the estimated or actual costs of compliance with such subpoena, including, but not limited to, the person's attorney's fees or the costs to such person of electronic discovery.

(2) If a person makes such written objection, the party who requested issuance of the subpoena

(A) shall not be entitled to compel such person's appearance or receive, copy or inspect the books, papers, documents or tangible things, except pursuant to an order of the Superior Court, and (B) may, upon notice to such person, file a motion pursuant to subsection (g) below for an order to compel such person's appearance or production, copying or inspection of such materials in accordance with the terms of such subpoena.

(3) The provisions of subdivisions (1) and (2) of this subsection shall not be applicable to a civil action filed to recover damages resulting from personal injury or wrongful death in which it is alleged that such injury or death resulted from professional malpractice of a health care provider or health care institution.

(e) For purposes of any motion filed pursuant to this section, the appropriate Superior Court is

(1) for an action pending in this state, the judicial district where the action is pending, (2) for an action pending in another state that has adopted the Interstate Depositions and Discovery Act, the judicial district in this state that issued the subpoena, and (3) for an action pending in a state that has not adopted that Act, the judicial district where the person to whom the subpoena is directed resides.

(f) A party or the person to whom the subpoena is directed may move to quash or modify the subpoena. The court may, upon motion made promptly and, in any event, at or before the time for compliance specified in a subpoena authorized by subsections (a) or (b) of this section, (1) quash or modify the subpoena if it is unreasonable and oppressive or if it seeks the production of materials not subject to production under the provisions of subsection

(c) of this section, or (2) condition denial of the motion upon the advancement by the party who requested the subpoena of the reasonable cost of producing the materials being such.

(g) A party may move for a protective order pursuant to Section 13-5 to prevent or to modify the subpoena.

(h) The party who served the subpoena may move to compel compliance with the subpoena. Upon receipt of such motion together with the payment of all entry fees, if required, the clerk shall schedule the matter for hearing and provide the moving party notice of the time and place of the hearing. The moving party shall serve the motion to compel and the notice of the time and place of the hearing upon the subpoenaed party. If the nonparty to whom the subpoena was directed served an objection asserting that the subpoena subjected that nonparty to unreasonable burden or expense, when ruling on a motion to compel directed to such person, the court shall make a finding as to whether the subpoena subjects the person to undue or unreasonable burden or expense prior to entering any order to compel such person's appearance or the production, copying or inspection of such materials. If the court finds that the subpoena issued to the person subjects such person to undue or unreasonable burden or expense, any order to compel such person's appearance or production, copying or inspection of such materials shall protect the person from undue or unreasonable burden or expense resulting from compliance with such subpoena and, except in the case of a subpoena commanding the production, copying or inspection of medical records, may include, but not be limited to, the reimbursement of such person's reasonable costs of compliance, as set forth in the affidavit of costs.

(i) If any person to whom a lawful subpoena is issued under any provision of this section fails without just excuse to comply with any of its terms, the court may issue a capias and cause the person to be brought before that court, and, if the person subpoenaed refuses to comply with the subpoena, the court may commit the person to jail until such person signifies a willingness to comply with it. Alternatively, the court may impose one or more of the orders set forth in Section 13-14 for discovery noncompliance.