“Subpoena” means a document, however denominated, issued under authority of a court of record requiring a person to: (i) attend and give testimony at a deposition; (ii) produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or (iii) permit inspection of premises under the control of the person. (2) Issuance of a Subpoena. (A) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in Wyoming. A request for issuance of a subpoena under this act does not constitute an appearance in the courts of this state. (B) When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed. (C) A subpoena under subsection (B) must: (i) incorporate the terms used in the foreign subpoena; and (ii) contain or be accompanied by the names, addresses, and tele- phone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel. (3) Service of a Subpoena. A subpoena issued by a clerk of court under paragraph (c)(2) of this rule must be served in compliance with Rule 45. (4) Deposition, Production, and Inspection. Rules 30, 31, 34, and 45 apply to subpoenas issued under paragraph (c)(2) of this rule. (5) Application to Court. An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under paragraph (c)(2) of this rule must comply with the rules or statutes of this state and be submitted to the court for the county in which discovery is to be conducted. (d) Disqualification. — A deposition must not be taken before a person who is any party’s relative, employee, or attorney; who is related to or employed by any party’s attorney; or who is financially interested in the action. History: Added February 2, 2017, effective March 1, 2017; amended June 22, 2021, effective Sep- tember 1, 2021. Law reviews. — See article, “The 1994 Amendments to the Wyoming Rules of Civil Procedure,” XXX Land & Water L. Rev. 151 (1995). Source. — This rule is similar to Rule 28 of the Federal Rules of Civil Procedure.
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