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Idaho Rules of Civil Procedure Rule 45(i)(4). Service of Subpoena for Interstate Depositions and Discovery.

A subpoena issued by a clerk of court under subdivision 45(i)(3) of this rule must be served in compliance with Rule 45(e)(2), except that the officer or individual responsible for service shall not return a certificate of service or affidavit to the court that issued the subpoena under subdivision 45(i)(3).  In issuing the subpoena, the clerk shall not create a file, and shall not collect a fee.  Instead, the officer or individual responsible for service shall deliver a certificate of service or affidavit to the attorney who requested the subpoena.  That attorney must retain the certificate of service or affidavit and furnish a copy to any party or to the deponent upon request.



The Idaho court clerk will not create a file when discovery is initiated nor collect a fee.  This rule places the obligation of retaining the original subpoena and the proof of service on the lawyer initiating the discovery.  A file will be created if a motion is brought to enforce, quash, or modify the subpoena.


As the Third Branch of Government, we provide access to justice through the timely, fair, and impartial resolution of cases.


Members of the
Idaho Supreme Court

Chief Justice Jim Jones
Justice Daniel T. Eismann
Justice Roger S. Burdick
Justice Warren E. Jones
Justice Joel D. Horton

Members of the
Idaho Court of Appeals

Chief Judge John M. Melanson
Judge Sergio A. Gutierrez
Judge David W. Gratton
Judge Molly J. Huskey



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