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Rule 202. Subpoena for Taking Depositions (1957)


The officer authorized to take any depositions, written or oral, and to whom the commission is delivered shall immediately issue and cause to be served upon the witness a subpoena directing him to appear before said officer at the time and place named in the commission for the purpose of giving his deposition; provided that where the witness is a party to the suit, with an attorney of record, service of the subpoena in such case may be made upon the attorney representing the witness. In a proper case a subpoena may be issued by said officer to the person to whom it is directed to produce at such time and place, designated books, papers, documents and tangible things which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by Rule 186a, but in that event the subpoena will be subject to the provisions of Rules 177a and 186b.

Amended by order of March 19, 1957, eff. Sept. 1, 1957: First sentence of old Rule has been transferred to Rule 203; provision authorizing penalty for failure of party to appear has been transferred to Rule 215a; provision added authorizing issuance of subpoena duces tecum.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 April 12, 1962, eff. Sept. 1, 1962
Aug. 18, 1947, eff. Dec. 31, 1947 Dec. 5, 1983, eff. April 1, 1984
Oct. 12, 1949, eff. March 1, 1950 Repealed by order of Aug. 4, 1998, and Nov. 9, 1998, eff. Jan. 1, 1999. See Rules 199.1, 203.6.