Colo. R. Civ. P. 345

As amended through Rule Change 2024(12), effective July 28, 2024
Rule 345 - Subpoena
(a) For Attendance of Witnesses; Form; Issuance. Subpoenas may be issued under Rule 345 only to compel attendance of witnesses, with or without documentary evidence, at a deposition, hearing or trial. Every subpoena shall state the name of the court, and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified.
(b) For Production of Documentary Evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon oral motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive or (2) condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.
(c) Service. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering the fees for one day's attendance and mileage allowed by law. Service is also valid if the person named in the subpoena has signed a written admission or waiver of personal service. When the subpoena is issued on behalf of the state of Colorado, or an officer or agency thereof, fees and mileage need not be tendered. Proof of service shall be made as in Rule 304(g). Unless otherwise ordered by the court for good cause shown, such subpoena shall be served no later than 48 hours before the time for appearance set out in said subpoena.
(d) Subpoena for Taking Depositions on Written Interrogatories; Place of Examination.
(1) Presentation of a notice to take a deposition by written interrogatories as provided in Rule 331, constitutes a sufficient authorization for the issuance by the judge or clerk of any court of record in the county where the deposition is to be taken, or by the notary public or other officer authorized to take the deposition, of subpoenas for the persons named or described therein.
(2) A resident of this state may be required by subpoena to attend an examination upon deposition by written interrogatories only in the county wherein the person resides or is employed or transacts business in person, or at such other convenient place as is fixed by an order of the court. A nonresident of this state may be required by subpoena to attend only in the county wherein the person is served with the subpoena, or within forty miles from the place of service, or at such other convenient place as is fixed by the order of the court.
(e) Subpoena for Deposition to Preserve Testimony, Hearing or Trial. Subpoenas shall be issued either by the clerk of the court in which the case is docketed or by one of counsel whose appearance has been entered in the particular case in which the subpoena is sought. A subpoena requiring the attendance of a witness at a deposition to preserve testimony, hearing or trial may be served any place within the state.

C.R.C.P. 345

(a), (c), (d)(2), and (e) amended July 22, 1993, effective 1/1/1994; (c) amended and effective 4/10/2008.