2011 Connecticut Code
Title 52 Civil Actions
Chapter 899 Evidence
Sec. 52-148e. Issuance of subpoena for taking of deposition. Deposition to be used in federal court or court of other state or foreign country.

      Sec. 52-148e. Issuance of subpoena for taking of deposition. Deposition to be used in federal court or court of other state or foreign country. (a) Each judge or clerk of any court, justice of the peace, notary public or Commissioner of the Superior Court, in this state, may issue a subpoena, upon request, for the appearance of any witness before him to give his deposition in a civil action or probate proceeding, if the party seeking to take such person's deposition has complied with the provisions of sections 52-148a and 52-148b and may take his deposition, each adverse party or his agent being present or notified.

      (b) The subpoena 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 are material to the cause of action or the defense of the party at whose request the subpoena was issued and within the possession or control of the person to be examined. However, no subpoena may compel the production of matters which are privileged or otherwise protected by law from discovery.

      (c) Any person to whom a subpoena commanding production of books, papers, documents or tangible things has been directed 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 issuing authority designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party at whose request the subpoena was issued shall not be entitled to inspect and copy the disputed materials except pursuant to an order of the court in which the cause is pending. The party who requested the subpoena may, if objection has been made, move upon notice to the deponent for an order at any time before or during the taking of the deposition.

      (d) The court in which the cause is pending may, upon motion made promptly and in any event at or before the time for compliance specified in a subpoena authorized by subsection (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 (b) 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 which he is seeking.

      (e) 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 before which the cause is pending, or any judge thereof, may issue a capias and cause him to be brought before such court or judge, as the case may be, and, if the person subpoenaed refuses to comply with said subpoena, such court or judge may commit him to jail until he signifies his willingness to comply with it.

      (f) Deposition of witnesses living in this state may be taken in like manner to be used as evidence in a civil action or probate proceeding pending in any court of the United States or of any other state of the United States or of any foreign country, on application to the court in which such civil action or probate proceeding is pending of any party to such civil action or probate proceeding. The Superior Court shall have jurisdiction to quash or modify, or to enforce compliance with, a subpoena issued for the taking of a deposition pursuant to this subsection.

      (P.A. 76-273, S. 5; P.A. 77-604, S. 32, 84; P.A. 06-152, S. 4.)

      History: P.A. 77-604 made technical correction; P.A. 06-152 amended Subsec. (f) by adding provisions re application to court in which civil action or probate proceeding is pending and re jurisdiction of Superior Court to quash, modify or enforce compliance.

      See Sec. 52-161b re issuance of subpoena to crime victim by pro se litigant.

      Cited. 211 C. 555. Cited. 216 C. 483. Cited. 230 C. 1. Because statute authorizes issuance of subpoenas for taking of a deposition to be used outside Connecticut in a civil action or probate proceeding only, defendant's attorney lacked authority to issue subpoenas compelling deposition testimony in connection with Rhode Island administrative proceeding. 276 C. 544.

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