60-245.Subpoenas.(a) Form; issuance. (1) Every subpoena shall:
(A) State the name of the court from which it is issued;
(B) state the title ofthe action, the name of the court in which it is pending andthe file number of the action;
(C) command each person to whom it is directed to attendand give testimony or to produce and permit inspection,copying, testing or sampling of designated books, documents,electronically stored information or tangible things in the possession,custody orcontrol of that person, or to permit inspection of premises, at a time andplace specified in the subpoena; and
(D) set forth the text of subsections (c) and (d) of this section.
A command to produce evidence or to permit inspection, copying, testing orsampling may be joined with a command to appear at trial or hearing or atdeposition, or may be issued separately.A subpoena may specify the form in which electronically stored informationis to be produced.Subpoena and production of records of a business which is not a party shall bein accordance with K.S.A. 60-245a, and amendments thereto.
(2) A subpoena commanding attendance at a trial or hearing shall issue fromthe district court in which the hearing or trial is to be held. A subpoena forattendance at a deposition shall issue from the district court in which theaction is pending or the officer before whom the deposition is to be taken or,if the deposition is to be taken outside the state, from an officer authorizedby the law of the other state to issue the subpoena. If separate from asubpoena commanding the attendance of a person, a subpoena forproduction, inspection, copying, testing or sampling shall issuefrom the district court in which the action is pending or,if the production, inspection, copying, testing or sampling is to be madeoutside the state, an officerauthorized by the law of the other state to issue the subpoena.
(3) Every subpoena issued by the court shall be issued by the clerk underthe seal of the court or by a judge. Upon request of a party, the clerk shallissue a blank subpoena. The blank subpoena shall bear the seal of the court,thetitle and file number of the action and the clerk's signature or a facsimile ofthe clerk's signature. The party to whom a blank subpoena is issued shall fillit in before service.
(b) Service. Service of a subpoena upon a person named thereinmay be made anywhere within the state, shall be madein accordance with K.S.A. 60-303, and amendments thereto, and shall, if theperson's attendance is commanded, beaccompaniedbythe fees for one day's attendance and the mileage allowed bylaw.When sought independently of a deposition, prior notice of any commandedproduction, inspection, copying, testing or sampling of documents orinspection of premises before trial shall be served on each party in the mannerprescribed by subsection (b) of K.S.A. 60-205, and amendments thereto.
(c) Protection of persons subject to subpoenas.
(1) A party or an attorney responsible for the issuance and service of asubpoena shall take reasonable steps to avoid imposing undue burden or expenseon a person subject to that subpoena. The court on behalf of which the subpoenawas issued shall enforce this duty and impose upon the party or attorney inbreach of this duty an appropriate sanction, which may include, but is notlimited to, a reasonable attorney fee.
(2) (A) A person commanded to produce and permit inspection, copying,testing or sampling of designatedelectronically stored information, books, papers, documents or tangiblethings or inspection ofpremises need not appear in person at the place of production or inspectionunless commanded to appear for deposition, hearing or trial.
(B) Subject to subsection (d)(2), a person commanded to produce and permitinspection, copying, testing or sampling may, within14 days after service of the subpoena orbefore the time specified for compliance if such time is less than 14 daysafter service, serve upon the party or attorney designated in the subpoenawritten objection to producing any orall of the designatedmaterials or inspection of the premises or to producingelectronically stored information in the form or forms requested. Ifobjection is made, the party serving the subpoena shall not be entitled toinspect, copy, test or sample the materials or inspectthe premises except pursuant to an order of the court by which the subpoena wasissued. If objection has been made, the party serving the subpoena may, uponnotice to the person commanded to produce, move at any time for an order tocompel the production, inspection, copying, testing or sampling. Such anorder to compel shall protect any person who is not a partyor an officer of a party from significant expense resulting from theinspection, copying, testing or sampling commanded.
(3) (A) On timely motion, the court by which a subpoena was issued shallquash or modify the subpoena if it:
(i) Fails to allow reasonable time for compliance;
(ii) requires a resident of this state who is not a party or an officer of aparty to travel to a place more than 100 miles from the place where that personresides, is employed or regularly transacts business in person or requires anonresident who is not a party or an officer of a party to travel to a placemore than 100 miles from the place where the nonresident was served withthe subpoena, is employed or regularly transacts business, except that, subjectto the provisions of subsection (c)(3)(B)(iii), such a nonparty may in order toattend trial be commanded to travel to the place of trial;
(iii) requires disclosure of privileged or other protected matter and noexception or waiver applies; or
(iv) subjects a person to undue burden.
(B) If a subpoena:
(i) Requires disclosure of a trade secret or other confidential research,development or commercial information; or
(ii) requires disclosure of an unretained expert's opinion or informationnot describing specific events or occurrences in dispute and resulting from theexpert's study made not at the request of any party; or
(iii) requires a person who is not a party or an officer of a party to incursubstantial expense to travel more than 100 miles to attend trial,the court may, to protect a person subject to or affected by the subpoena,quash or modify the subpoena or, if the party in whose behalf the subpoena isissued shows a substantial need for the testimony or material that cannot beotherwise met without undue hardship and assures that the person to whom thesubpoena is addressed will be reasonably compensated, the court may orderappearance or production only upon specified conditions.
(4) A person confined in prison may be required toappear for examinationby deposition only in the county where the person is imprisoned.
(d) Duties in responding to subpoena. (1) (A) A personresponding to a subpoena to produce documents shall produce them as they arekept in the usual course of business or shall organize and label them tocorrespond with the categories in the demand.
(B) If a subpoena does not specify the form or forms for producingelectronically stored information, a person responding to a subpoena mustproduce the information in a form or forms in which the person ordinarilymaintains it or in a form or forms that are reasonable usable.
(C) A person responding to a subpoena need not produce the sameelectronically stored information in more than one form.
(D) A person responding to a subpoena need not provide discovery ofelectronically stored information from sources that the person identifies asnot reasonably accessible because of undue burden or cost. On motion to compeldiscovery or to quash, the person from whom discovery is sought must show thatthe information sought is not reasonably accessible because of undue burden orcost. If that showing is made, the court may nonetheless order discovery fromsuch sources if the requesting party shows good cause, considering thelimitations of subsection (b)(2)(A) of K.S.A. 60-226, and amendments thereto.The court may specify conditions for the discovery.
(2) (A) When information subject to a subpoena is withheld on aclaim that such information isprivileged or subject to protection as trial preparation materials, the claimshall be made expressly and shall be supported by a description of the natureof the documents, communications or things not produced that is sufficient toenable the demanding party to contest the claim.
(B) If information is produced in response to a subpoena that is subjectto a claim of privilege or of protection as trial-preparation material, theperson making the claim may notify any party that received the information ofthe claim and the basis for it. After being notified, a party must promptlyreturn, sequester or destroy the specified information and any copies it hasand may not use or disclose the information until the claim is resolved. Areceiving party may promptly present the information to the court under sealfor a determination of the claim. If the receiving party disclosed theinformation before being notified, it must take reasonable steps to retrieveit. The person who produced the information must preserve the information untilthe claim is resolved.
(e) Contempt. Failure by any person without adequate excuseto obeya subpoena served upon the person may be considered a contempt of the courtin which the action is pending or the court of the county in which thedepositionis to be taken. Punishment for contempt shall be in accordance withK.S.A. 20-1204, and amendmentsthereto.An adequate cause for failure to obey exists when a subpoena purports torequire a nonparty to attend or produce at a place not within the limitsprovided by subsection (c)(3)(A)(iii).
History: L. 1963, ch. 303, 60-245; amended by SupremeCourt order datedJuly 20, 1972; amended by Supreme Court order dated July 28, 1976;L. 1982, ch. 243, § 1;L. 1985, ch. 196, § 2;L. 1990, ch. 202, § 2;L. 1997, ch. 173, § 24;L. 2008, ch. 21, § 6; July 1.
60-245.Subpoenas.(a) Form; issuance. (1) Every subpoena shall:
(A) State the name of the court from which it is issued;
(B) state the title ofthe action, the name of the court in which it is pending andthe file number of the action;
(C) command each person to whom it is directed to attendand give testimony or to produce and permit inspection,copying, testing or sampling of designated books, documents,electronically stored information or tangible things in the possession,custody orcontrol of that person, or to permit inspection of premises, at a time andplace specified in the subpoena; and
(D) set forth the text of subsections (c) and (d) of this section.
A command to produce evidence or to permit inspection, copying, testing orsampling may be joined with a command to appear at trial or hearing or atdeposition, or may be issued separately.A subpoena may specify the form in which electronically stored informationis to be produced.Subpoena and production of records of a business which is not a party shall bein accordance with K.S.A. 60-245a, and amendments thereto.
(2) A subpoena commanding attendance at a trial or hearing shall issue fromthe district court in which the hearing or trial is to be held. A subpoena forattendance at a deposition shall issue from the district court in which theaction is pending or the officer before whom the deposition is to be taken or,if the deposition is to be taken outside the state, from an officer authorizedby the law of the other state to issue the subpoena. If separate from asubpoena commanding the attendance of a person, a subpoena forproduction, inspection, copying, testing or sampling shall issuefrom the district court in which the action is pending or,if the production, inspection, copying, testing or sampling is to be madeoutside the state, an officerauthorized by the law of the other state to issue the subpoena.
(3) Every subpoena issued by the court shall be issued by the clerk underthe seal of the court or by a judge. Upon request of a party, the clerk shallissue a blank subpoena. The blank subpoena shall bear the seal of the court,thetitle and file number of the action and the clerk's signature or a facsimile ofthe clerk's signature. The party to whom a blank subpoena is issued shall fillit in before service.
(b) Service. Service of a subpoena upon a person named thereinmay be made anywhere within the state, shall be madein accordance with K.S.A. 60-303, and amendments thereto, and shall, if theperson's attendance is commanded, beaccompaniedbythe fees for one day's attendance and the mileage allowed bylaw.When sought independently of a deposition, prior notice of any commandedproduction, inspection, copying, testing or sampling of documents orinspection of premises before trial shall be served on each party in the mannerprescribed by subsection (b) of K.S.A. 60-205, and amendments thereto.
(c) Protection of persons subject to subpoenas.
(1) A party or an attorney responsible for the issuance and service of asubpoena shall take reasonable steps to avoid imposing undue burden or expenseon a person subject to that subpoena. The court on behalf of which the subpoenawas issued shall enforce this duty and impose upon the party or attorney inbreach of this duty an appropriate sanction, which may include, but is notlimited to, a reasonable attorney fee.
(2) (A) A person commanded to produce and permit inspection, copying,testing or sampling of designatedelectronically stored information, books, papers, documents or tangiblethings or inspection ofpremises need not appear in person at the place of production or inspectionunless commanded to appear for deposition, hearing or trial.
(B) Subject to subsection (d)(2), a person commanded to produce and permitinspection, copying, testing or sampling may, within14 days after service of the subpoena orbefore the time specified for compliance if such time is less than 14 daysafter service, serve upon the party or attorney designated in the subpoenawritten objection to producing any orall of the designatedmaterials or inspection of the premises or to producingelectronically stored information in the form or forms requested. Ifobjection is made, the party serving the subpoena shall not be entitled toinspect, copy, test or sample the materials or inspectthe premises except pursuant to an order of the court by which the subpoena wasissued. If objection has been made, the party serving the subpoena may, uponnotice to the person commanded to produce, move at any time for an order tocompel the production, inspection, copying, testing or sampling. Such anorder to compel shall protect any person who is not a partyor an officer of a party from significant expense resulting from theinspection, copying, testing or sampling commanded.
(3) (A) On timely motion, the court by which a subpoena was issued shallquash or modify the subpoena if it:
(i) Fails to allow reasonable time for compliance;
(ii) requires a resident of this state who is not a party or an officer of aparty to travel to a place more than 100 miles from the place where that personresides, is employed or regularly transacts business in person or requires anonresident who is not a party or an officer of a party to travel to a placemore than 100 miles from the place where the nonresident was served withthe subpoena, is employed or regularly transacts business, except that, subjectto the provisions of subsection (c)(3)(B)(iii), such a nonparty may in order toattend trial be commanded to travel to the place of trial;
(iii) requires disclosure of privileged or other protected matter and noexception or waiver applies; or
(iv) subjects a person to undue burden.
(B) If a subpoena:
(i) Requires disclosure of a trade secret or other confidential research,development or commercial information; or
(ii) requires disclosure of an unretained expert's opinion or informationnot describing specific events or occurrences in dispute and resulting from theexpert's study made not at the request of any party; or
(iii) requires a person who is not a party or an officer of a party to incursubstantial expense to travel more than 100 miles to attend trial,the court may, to protect a person subject to or affected by the subpoena,quash or modify the subpoena or, if the party in whose behalf the subpoena isissued shows a substantial need for the testimony or material that cannot beotherwise met without undue hardship and assures that the person to whom thesubpoena is addressed will be reasonably compensated, the court may orderappearance or production only upon specified conditions.
(4) A person confined in prison may be required toappear for examinationby deposition only in the county where the person is imprisoned.
(d) Duties in responding to subpoena. (1) (A) A personresponding to a subpoena to produce documents shall produce them as they arekept in the usual course of business or shall organize and label them tocorrespond with the categories in the demand.
(B) If a subpoena does not specify the form or forms for producingelectronically stored information, a person responding to a subpoena mustproduce the information in a form or forms in which the person ordinarilymaintains it or in a form or forms that are reasonable usable.
(C) A person responding to a subpoena need not produce the sameelectronically stored information in more than one form.
(D) A person responding to a subpoena need not provide discovery ofelectronically stored information from sources that the person identifies asnot reasonably accessible because of undue burden or cost. On motion to compeldiscovery or to quash, the person from whom discovery is sought must show thatthe information sought is not reasonably accessible because of undue burden orcost. If that showing is made, the court may nonetheless order discovery fromsuch sources if the requesting party shows good cause, considering thelimitations of subsection (b)(2)(A) of K.S.A. 60-226, and amendments thereto.The court may specify conditions for the discovery.
(2) (A) When information subject to a subpoena is withheld on aclaim that such information isprivileged or subject to protection as trial preparation materials, the claimshall be made expressly and shall be supported by a description of the natureof the documents, communications or things not produced that is sufficient toenable the demanding party to contest the claim.
(B) If information is produced in response to a subpoena that is subjectto a claim of privilege or of protection as trial-preparation material, theperson making the claim may notify any party that received the information ofthe claim and the basis for it. After being notified, a party must promptlyreturn, sequester or destroy the specified information and any copies it hasand may not use or disclose the information until the claim is resolved. Areceiving party may promptly present the information to the court under sealfor a determination of the claim. If the receiving party disclosed theinformation before being notified, it must take reasonable steps to retrieveit. The person who produced the information must preserve the information untilthe claim is resolved.
(e) Contempt. Failure by any person without adequate excuseto obeya subpoena served upon the person may be considered a contempt of the courtin which the action is pending or the court of the county in which thedepositionis to be taken. Punishment for contempt shall be in accordance withK.S.A. 20-1204, and amendmentsthereto.An adequate cause for failure to obey exists when a subpoena purports torequire a nonparty to attend or produce at a place not within the limitsprovided by subsection (c)(3)(A)(iii).
History: L. 1963, ch. 303, 60-245; amended by SupremeCourt order datedJuly 20, 1972; amended by Supreme Court order dated July 28, 1976;L. 1982, ch. 243, § 1;L. 1985, ch. 196, § 2;L. 1990, ch. 202, § 2;L. 1997, ch. 173, § 24;L. 2008, ch. 21, § 6; July 1.
60-245.Subpoenas.(a) Form; issuance. (1) Every subpoena shall:
(A) State the name of the court from which it is issued;
(B) state the title ofthe action, the name of the court in which it is pending andthe file number of the action;
(C) command each person to whom it is directed to attendand give testimony or to produce and permit inspection,copying, testing or sampling of designated books, documents,electronically stored information or tangible things in the possession,custody orcontrol of that person, or to permit inspection of premises, at a time andplace specified in the subpoena; and
(D) set forth the text of subsections (c) and (d) of this section.
A command to produce evidence or to permit inspection, copying, testing orsampling may be joined with a command to appear at trial or hearing or atdeposition, or may be issued separately.A subpoena may specify the form in which electronically stored informationis to be produced.Subpoena and production of records of a business which is not a party shall bein accordance with K.S.A. 60-245a, and amendments thereto.
(2) A subpoena commanding attendance at a trial or hearing shall issue fromthe district court in which the hearing or trial is to be held. A subpoena forattendance at a deposition shall issue from the district court in which theaction is pending or the officer before whom the deposition is to be taken or,if the deposition is to be taken outside the state, from an officer authorizedby the law of the other state to issue the subpoena. If separate from asubpoena commanding the attendance of a person, a subpoena forproduction, inspection, copying, testing or sampling shall issuefrom the district court in which the action is pending or,if the production, inspection, copying, testing or sampling is to be madeoutside the state, an officerauthorized by the law of the other state to issue the subpoena.
(3) Every subpoena issued by the court shall be issued by the clerk underthe seal of the court or by a judge. Upon request of a party, the clerk shallissue a blank subpoena. The blank subpoena shall bear the seal of the court,thetitle and file number of the action and the clerk's signature or a facsimile ofthe clerk's signature. The party to whom a blank subpoena is issued shall fillit in before service.
(b) Service. Service of a subpoena upon a person named thereinmay be made anywhere within the state, shall be madein accordance with K.S.A. 60-303, and amendments thereto, and shall, if theperson's attendance is commanded, beaccompaniedbythe fees for one day's attendance and the mileage allowed bylaw.When sought independently of a deposition, prior notice of any commandedproduction, inspection, copying, testing or sampling of documents orinspection of premises before trial shall be served on each party in the mannerprescribed by subsection (b) of K.S.A. 60-205, and amendments thereto.
(c) Protection of persons subject to subpoenas.
(1) A party or an attorney responsible for the issuance and service of asubpoena shall take reasonable steps to avoid imposing undue burden or expenseon a person subject to that subpoena. The court on behalf of which the subpoenawas issued shall enforce this duty and impose upon the party or attorney inbreach of this duty an appropriate sanction, which may include, but is notlimited to, a reasonable attorney fee.
(2) (A) A person commanded to produce and permit inspection, copying,testing or sampling of designatedelectronically stored information, books, papers, documents or tangiblethings or inspection ofpremises need not appear in person at the place of production or inspectionunless commanded to appear for deposition, hearing or trial.
(B) Subject to subsection (d)(2), a person commanded to produce and permitinspection, copying, testing or sampling may, within14 days after service of the subpoena orbefore the time specified for compliance if such time is less than 14 daysafter service, serve upon the party or attorney designated in the subpoenawritten objection to producing any orall of the designatedmaterials or inspection of the premises or to producingelectronically stored information in the form or forms requested. Ifobjection is made, the party serving the subpoena shall not be entitled toinspect, copy, test or sample the materials or inspectthe premises except pursuant to an order of the court by which the subpoena wasissued. If objection has been made, the party serving the subpoena may, uponnotice to the person commanded to produce, move at any time for an order tocompel the production, inspection, copying, testing or sampling. Such anorder to compel shall protect any person who is not a partyor an officer of a party from significant expense resulting from theinspection, copying, testing or sampling commanded.
(3) (A) On timely motion, the court by which a subpoena was issued shallquash or modify the subpoena if it:
(i) Fails to allow reasonable time for compliance;
(ii) requires a resident of this state who is not a party or an officer of aparty to travel to a place more than 100 miles from the place where that personresides, is employed or regularly transacts business in person or requires anonresident who is not a party or an officer of a party to travel to a placemore than 100 miles from the place where the nonresident was served withthe subpoena, is employed or regularly transacts business, except that, subjectto the provisions of subsection (c)(3)(B)(iii), such a nonparty may in order toattend trial be commanded to travel to the place of trial;
(iii) requires disclosure of privileged or other protected matter and noexception or waiver applies; or
(iv) subjects a person to undue burden.
(B) If a subpoena:
(i) Requires disclosure of a trade secret or other confidential research,development or commercial information; or
(ii) requires disclosure of an unretained expert's opinion or informationnot describing specific events or occurrences in dispute and resulting from theexpert's study made not at the request of any party; or
(iii) requires a person who is not a party or an officer of a party to incursubstantial expense to travel more than 100 miles to attend trial,the court may, to protect a person subject to or affected by the subpoena,quash or modify the subpoena or, if the party in whose behalf the subpoena isissued shows a substantial need for the testimony or material that cannot beotherwise met without undue hardship and assures that the person to whom thesubpoena is addressed will be reasonably compensated, the court may orderappearance or production only upon specified conditions.
(4) A person confined in prison may be required toappear for examinationby deposition only in the county where the person is imprisoned.
(d) Duties in responding to subpoena. (1) (A) A personresponding to a subpoena to produce documents shall produce them as they arekept in the usual course of business or shall organize and label them tocorrespond with the categories in the demand.
(B) If a subpoena does not specify the form or forms for producingelectronically stored information, a person responding to a subpoena mustproduce the information in a form or forms in which the person ordinarilymaintains it or in a form or forms that are reasonable usable.
(C) A person responding to a subpoena need not produce the sameelectronically stored information in more than one form.
(D) A person responding to a subpoena need not provide discovery ofelectronically stored information from sources that the person identifies asnot reasonably accessible because of undue burden or cost. On motion to compeldiscovery or to quash, the person from whom discovery is sought must show thatthe information sought is not reasonably accessible because of undue burden orcost. If that showing is made, the court may nonetheless order discovery fromsuch sources if the requesting party shows good cause, considering thelimitations of subsection (b)(2)(A) of K.S.A. 60-226, and amendments thereto.The court may specify conditions for the discovery.
(2) (A) When information subject to a subpoena is withheld on aclaim that such information isprivileged or subject to protection as trial preparation materials, the claimshall be made expressly and shall be supported by a description of the natureof the documents, communications or things not produced that is sufficient toenable the demanding party to contest the claim.
(B) If information is produced in response to a subpoena that is subjectto a claim of privilege or of protection as trial-preparation material, theperson making the claim may notify any party that received the information ofthe claim and the basis for it. After being notified, a party must promptlyreturn, sequester or destroy the specified information and any copies it hasand may not use or disclose the information until the claim is resolved. Areceiving party may promptly present the information to the court under sealfor a determination of the claim. If the receiving party disclosed theinformation before being notified, it must take reasonable steps to retrieveit. The person who produced the information must preserve the information untilthe claim is resolved.
(e) Contempt. Failure by any person without adequate excuseto obeya subpoena served upon the person may be considered a contempt of the courtin which the action is pending or the court of the county in which thedepositionis to be taken. Punishment for contempt shall be in accordance withK.S.A. 20-1204, and amendmentsthereto.An adequate cause for failure to obey exists when a subpoena purports torequire a nonparty to attend or produce at a place not within the limitsprovided by subsection (c)(3)(A)(iii).
History: L. 1963, ch. 303, 60-245; amended by SupremeCourt order datedJuly 20, 1972; amended by Supreme Court order dated July 28, 1976;L. 1982, ch. 243, § 1;L. 1985, ch. 196, § 2;L. 1990, ch. 202, § 2;L. 1997, ch. 173, § 24;L. 2008, ch. 21, § 6; July 1.
