WYOMING COURT RULES

52 at a time prior to the trial or prior to the time when they are to be offered in evidence and may upon their production permit the books, papers, documents, objects, and portions thereof, to be inspected by the parties and their attorneys. (e) Service. — A subpoena may be served by the sheriff, or by any other person, over the age of 19 years, not a party to the action, appointed for such purpose by the clerk. Service of a subpoena shall be made by delivering a copy thereof to the person named and by tendering to that person the fee for one-day’s attendance and the mileage allowed by law. Fees and mileage need not be tendered to the witness upon service of a subpoena issued in behalf of the state or an indigent defendant. (f) Place of service. — A subpoena requiring the appearance of a witness at a hearing or trial may be served at any place within the jurisdiction of the State of Wyoming. (g) Contempt. — Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. (h) Information not subject to subpoena. — Statements made by witnesses or prospective witnesses may not be subpoenaed from the state or the defendant under this rule, but shall be subject to production only in accordance with the provision of Rule 26.2. (i) Inability to pay fees and expenses. — Upon an ex parte application of a defendant and a satisfactory showing that the defendant is financially unable to pay the fees of the witness and that the presence of the witness is necessary to an adequate defense, the court shall order that a subpoena be issued for service on a named witness and that the fees and expenses incurred therefor be paid by the public defender’s office. If the court orders the subpoena to be issued at public expense for the actual costs incurred by the witness for travel, meals and lodging shall be paid by the public defender’s office, but such costs may not exceed the amounts authorized for state employees in W.S. 9-3-103 and 9-3-104. History: Amended July 22, 1993, effective October 19, 1993. Compare. — Rule 17, Fed. Rules Cr. Proc. Compliance. — Subpoenas were quashed where they did not have precipe or court seal, in violation of subdivision (a), and the subpoenas directed the recipients to submit evidence di- rectly to defendant’s attorney, rather than to the trial court, in violation of subdivision (d). Wolfe v. State, 998 P.2d 385, 2000 Wyo. LEXIS 40 (Wyo. 2000). Defendant’s responsibility for produc- ing informant. — The state’s failure to sub- poena and produce an informant at the defen- dant’s trial does not deprive him of his right to confront the witnesses against him, nor does it