Adopted June 14, 1999, Amended and effective May 11, 1990; Oct. 2, 1995, effective Jan. 1, 1996; May 14, 1999, effective July 1, 1999. (c)Any party may object to the subpoena by filing of record written objections and serving a copy of the objections upon every other party to the action. 53 Subch. Webmissouri rules of civil procedure subpoena witnessserie a 99 0 0. The form of subpoena provided by Rule 234.6 has been amended by adding the title ''Subpoena to Attend and Testify'', thus distinguishing it from a subpoena to produce under Rule 4009.21. A copy of the subpoena proposed to be served shall be attached to the notice. Such rules shall include, but are not limited to, the following: No. Form). Amended May 14, 1999, effective July 1, 1999. Subpoenas issued in Federal court must be hand-delivered, pursuant to Fed.R.Civ.P. (d)(1)If the person to be examined is a party, the notice may include a request made in compliance with Rule [4009] 4009.1 et seq, for the production of documents and tangible things at the taking of the deposition. Create one. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. WebPROCEDURE FOR CIVIL CASES IN THE JERSEY CHANNEL ISLANDS. (i)Where the documents may be identified only after review of a larger group of documents, and the burden of identifying the documents would be substantially the same for the party serving the request as for the party served, the party served may afford the party serving the request reasonable opportunity to identify the documents, to examine or inspect them and to obtain copies. authority to receive the subpoena. The provisions of this Rule 234.2 adopted December 14, 1989, effective January 1, 1990, 20 Pa.B. h|VMs6WD SYIC#v:=,C~(M}\NA2}o|I}HgTu&4%G'" >!=|}No?z_yGX~xx1F:@zC z-oz\. (a) As used in this rule, association means a partnership and all partners named in the action, an unincorporated association or a corporation or similar entity; officer when referring to an officer of a corporation or similar entity means an executive officer as defined by Rule 2176. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice substantially in the following form: NOTICE Date:__________ ________________________________ The enforcement provisions of Rule 4019(a) are available with respect to an objection, a failure to respond or a failure to permit the requested entry. Service of Legal Paper Other than Citations or Notices Rule 4.4. Rule 234.2. Amended April 7, 1997, effective July 1, 1997; May 14, 1999, effective July 1, 1999. No statutes or acts will be found at this website. (a)A party seeking production from a person not a party to the action shall give written notice to every other party of the intent to serve a subpoena at least twenty days before the date of service. IF YOU DO NOT HAVE A LAWYER AND WISH TO OBTAIN ONE, CONTACT THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Official Note:The office shall be that designated by the court under Rule 1018.1(c). ________________________________ 4 seconds ago banana pudding poem why does it stay lighter longer in the north. Share this: Facebook Twitter Google+ Pinterest Email to a Friend. This provision together with the notice provision of new Rule 4009.21 ensures a period of notice and the opportunity to object whether the method of production is by subpoena to produce or a subpoena to attend and testify. Amended July 7, 1986, effective January 1, 1987; November 7, 1988, effective January 1, 1989. (b)The party receiving documents and things pursuant to the subpoena shall give notice of receipt to every other party to the action and upon the payment of reasonable cost shall, (1)furnish a legible copy of each document to any other party who requests a copy and. County of ______ Weboklahoma rules of civil procedure motion to dismiss. 4738. A subpoena duces tecum, complete with caption and docket number, must be properly executed in the name of Commissioner of the Pennsylvania State Police, Custodian of Records, and mailed or hand-delivered to 1800 Elmerton Avenue, Harrisburg, PA 17110-9758. WebService of a subpoena shall be made by delivering a copy thereof to the person named together with tender of the fee allowed by law, except that if the person is a witness in a criminal action for the State or an indigent defendant, the fee shall be paid before leaving the court at the conclusion of the trial by the sheriff or, in the municipal (b)The answer shall be in the form of a paragraph-by-paragraph response which shall. 2. This subpoena was issued at the request of the following person: _________________Attorney's Name_________________Identification Number_________________Address_________________Telephone NumberAttorney for______, DATE:______By__________(Prothonotary)Seal of the Court. endstream endobj startxref Notice of Documents or Things Received Rule 4009.24 - Notice of Intent to Nos. Issuance. Service is complete upon delivery of the mail to the [defendant] person subpoenaed or any of the persons referred to in Rule 402(a)(2). (b)(1) If in an action involving an interest in real property the relief sought is possession or mortgage foreclosure, original process also shall be served upon any person not named as a party who is found in possession of the property. If objection is made to part of a request, the part shall be specified. See also Evans v. Otis Elevator Co., 403 Pa. 13, 168 A.2d 573 (1961), regarding the right of an expert witness to refuse to testify on behalf of an adverse party. Fees. (1)a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. You are ordered by the Court to come to______ __________(Courtroom or other place)at______, Pennsylvania, on______at __o'clock,______.M., to testify on behalf of __________ in the above case, and to remain until excused. Act of Oct. 24, 2012, 5. A new party defendant may be named in a reissued writ or a reinstated complaint. Documents or things not produced shall be identified with reasonable particularity together with the basis for non-production; (3)specify a larger group of documents or things from which the documents or things to be produced or made available may be identified as provided by subdivision (a)(2)(i); (4)object to the request on the grounds set forth in Rule 4011(a), (b), and (e) or on the ground that the request does not meet the requirements of Rule 4009.11; (5)state that after reasonable investigation, it has been determined that there are no documents responsive to the request. As in the case of written interrogatories to a party, the rule requires that sufficient space be ''provided immediately after each paragraph for insertion of the answer.''. No statutes or acts will be found at this website. Original process shall be served outside the Commonwealth within ninety days of the issuance of the writ or the filing of the complaint or the reissuance or the reinstatement thereof: Note: For reissuance and reinstatement of original process, see Rule 401(b). (c) If service cannot be made under the applicable rule, service of original process shall be made in the manner provided by order of court pursuant to Rule 430. A state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe or any territory or insular possession subject to the jurisdiction of the United States. Rule 4009.1 is a general provision derived from former Rule 4009(a)(1) and sets forth the parameters of production. Objections, Rule 4009.23 - Certificate of Compliance by a Person Not a Party. This procedure will assist the court in resolving disputes arising out of production of documents. Local Rules Of Judicial Administration NCV 001-2. (Name of person to be A copy of the subpoena proposed to be served must be attached to the notice of intent. Subpoenas remain in full force and effect until compliance is completed. The request shall describe with reasonable particularity the property to be entered and the activities to be performed. S.S.S. 183. "Subpoena." No. Note: For service in an action for protection from abuse, see Rule 1930.4(b). Seal of the Court The notice and acknowledgment of receipt of subpoena by mail required by Rule 234.2(b)(3) shall be substantially in the following form: (Caption) 277; Doc. Each part is in turn divided into three sections:first, a general provision describing the discovery method; second, a provision relating to discovery from a party to an action; and finally, a provision relating to discovery from a person not a party. B.1 applies to requests for discovery in cases pending on the effective date of this section. 103(b) and shall be effective July 1, 1997. Scope of Procedure. %%EOF (b) Duty of prothonotary.--A prothonotary in receipt of a foreign subpoena shall, in accordance with that court's procedure, promptly issue a subpoena for service upon the person to whom the foreign subpoena is directed. (b) If the defendant is a minor or an incapacitated person, original process shall be served, (1) upon the minor or the incapacitated person in the manner prescribed for service of original process upon an adult defendant, or. You may be trying to access this site from a secured browser on the server. Rule 234.2(b) governs service of a subpoena to testify. No account? (3) by ordinary mail. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. The enclosed subpoena is served pursuant to Pennsylvania Rule of Civil Procedure 234.2(b)(3). endstream endobj 34 0 obj <> endobj 35 0 obj <> endobj 36 0 obj <>stream Form, Rule 4009.27 - Certificate of Compliance. hbbd``b`@ 1012l I00b%3 ` %PDF-1.5 % The subpoena upon a person not a party for the production of documents and things under Rules 4009.21 through 4009.27 is new. 7348 (November 26, 2022). (a) The party seeking production may serve on the person named in the subpoena a copy of the subpoena only if it is identical to the subpoena attached to the notice of intent to serve the subpoena and if the party seeking production (a)The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the original process upon that party. Yes! Do I really Have to Comply with the Subpoena? Yes! It is not uncommon for a nonparty to a litigation to ask their attorney whether they must comply with a subpoena duly served upon them. As the court in Manswell v. Baptiste, 2019 N.Y. Slip Op. 29360 (Civ. Ct., Kings County, Nov. 20, 2019) ( here ), made clear, non-compliance is not an option. The certificate of compliance required by Rule 4009.23(a) shall be substantially in the following form: You are required to complete the following Certificate of Compliance when producing documents or things pursuant to the Subpoena. 4009.21 (relating to Subpoena Upon a Person Not a Party for Production of Documents and Things. (3) by handing a copy to an agent authorized by the association in writing to receive service of process for it. (3)by ordinary mail. If a rule of civil procedure authorizes original process to be served by mail, a copy of the process shall be mailed to the defendant by any form of United States mail requiring a receipt signed by the defendant or the defendants authorized agent. First, subdivision (a) requires that the motion begin with the form of ''Important Notice'' prescribed by subdivision (c). WebThe Central Authority of the State to which the document is addressed must either personally serve the document or arrange for it to be served by an appropriate agency in the manner prescribed by its internal law for the service of documents in domestic actions upon persons who are within its territory, or in the manner requested by the applicant To the extent that the order does not prescribe otherwise, the practice and procedure shall be in accordance with that of the court of this Commonwealth issuing the order. A summons must: (A) name the court and the parties; (B) be directed to the defendant; (C) state the name and address of the plaintiff's attorney orif unrepresentedof the plaintiff; 5903), Federal Court (Fees are set by 28 U.S.C.A. The mail shall contain two copies of the Notice and Acknowledgment prescribed by Rule 234.9 and a self-addressed stamped envelope. Official Note:These rules do not prevent a court from entering an order under its common law power preserving or protecting a document or thing. No. The requirement of filing with the prothonotary the objections under this rule and the certificate under Rule 4009.23(a) provides a more formal procedure for the participation of a person not a party in the discovery process. WebRule 51 Title and Citation of Rules. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Rule 4009.33 governs three aspects of procedure upon a motion for entry upon property of a person not a party. IF YOU DO NOT APPEAR AT THE PRESENTATION OF THE MOTION, THE COURT MAY ENTER AN ORDER ALLOWING ENTRY. The certificate required by Rule 4009.22(a) as a prerequisite to the service of a subpoena shall be substantially in the following form: CERTIFICATEPREREQUISITE TO SERVICE OF A SUBPOENAPURSUANT TO RULE 4009.22, As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, ______certifies that(Plaintiff/Defendant). Rule 4009.32 provides that the request must ''describe with reasonable particularity the property to be entered and the activities to be performed.'' Rules 234.1, 234.2, 234.4 and 234.6 governing subpoenas are (a) Original process may be served upon a defendant who is an adult, (1) by handing a copy to the defendant; or, (i) at the residence of the defendant to an adult member of the family with whom the defendant resides; but if no adult member of the family is found, then to an adult person in charge of such residence; or, (ii) at the hotel, inn, apartment house, boarding house or other place of lodging at which the defendant resides to the manager or other person authorized to accept deliveries of United States mail; or. of different browsers, this version may differ slightly from the 7348 (November 26, 2022). WebThe Philadelphia Courts | First Judicial District of Pennsylvania WebObjections. Subpoena Processing UnitBureau of Records and Identification1800 Elmerton AvenueHarrisburg, PA 17110-9758717-705-4245717-525-5795 (FAX). State regulations are updated quarterly; we currently have two versions available. Notice of Documents or Things Received). Objection to Subpoena. The order may be made upon the application of any interested person or in response to a letter rogatory and may prescribe the practice and procedure, which may be wholly or in part the practice and procedure of the tribunal outside this Commonwealth, for taking the testimony or statement or producing the documents or other things. (b)A copy of the subpoena may be served upon any adult within the Commonwealth by an adult. While continuing to provide for a request for production by a party to an action (Rules 4009.11 and 4009.12), the rule also provides for a new subpoena for production by a person not a party (Rules 4009.21 through 4009.27). governing subpoenas: 1. Any party may serve a request upon a party pursuant to Rule 4009.32 or a motion upon a person not a party pursuant to Rule 4009.33 to permit entry upon designated property in the possession or control of the party or person upon whom the request is served for the purpose of inspecting and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of Rules 4003.1 through 4003.6 inclusive. (1) Contents. See Rule 234.5(a). Rules 4009.24 through 4009.27 provide several forms, including the form of notice of intention to serve a subpoena and the form of the subpoena itself. If a subpoena is served by mail, a check in the amount of one days attendance and round trip mileage shall be enclosed with the subpoena. (4) such other methods, if any, as the court deems appropriate to give notice to the defendant. Second, subdivision (a) also requires service of the motion upon both the person not a party whose property is to be entered and all other parties to the action. Rule 4009 governing production of documents and things and entry upon land has been rescinded and replaced with a new chapter of rules, Rule 4009.1 et seq. 7348 (November 26, 2022). 4009.24 (relating to Notice of Intent to Serve Subpoena. A civil subpoena requiring expert testimony must include an expert witness fee of $300 per day. Suite 300, Washington (b) A subpoena may be used to command a person to attend and to produce documents or things only at, (1) a trial or hearing in an action or proceeding pending in the court, or. Assistance to tribunals and litigants outside this Commonwealth with respect to depositions. (Name of person to be served). The twenty-day advance notice is for the benefit of the parties and not the person served. A second subpoena for records or tangible evidence must be issued and served on the Commissioner as Custodian of Records (please see above). Service of a summons shall stop the limitation period in respect of a cause of action under the Rules, with the exceptions of invalid service, discontinuance of the action, and discharge of the defendant. (2)allow reasonable access to the things to any other party who requests access. Service is complete upon the defendant or the defendants authorized agent signing the required receipt. Compliance. However, the Pennsylvania State Police requires written notification to the individual the subpoena is addressed to in the event of a continuance, both for the fact a continuance has occurred and for the new appearance date. (3) A substituted writ may be issued or a substituted complaint filed upon praecipe stating that the former writ or complaint has been lost or destroyed. (Caption) Posted at 09:48h in are miranda may and melissa peterman related by (4)the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. The party served must permit the requested entry or object within thirty days after service of the request. No part of the information on this site may be reproduced forprofit or sold for profit. Official Note:The party who is requested to produce documents or things is encouraged to identify the documents or things produced and the documents or things withheld through a system of numbering. "State." 3. WebRule 4009.22 - Service of Subpoena Rule 4009.23 - Certificate of Compliance by a Person Not a Party. 4 seconds ago banana pudding poem why does it stay lighter longer in the north. Service of Subpoena. If no objection is made, the subpoena may be served. The legal system of Kuwait is a civil law system that combines elements of French law, Islamic law, Rule 4009.23 - Certificate of Compliance by a Person Not a Party. For service of a subpoena upon a minor who is a witness, see subdivision (e). (1)in the manner prescribed by Rule 402(a); (2)by any form of mail requiring a return receipt, postage prepaid, restricted delivery. This act shall take effect in 60 days. Adopted June 20, 1985, effective January 1, 1986. No. Subpoenas not received under these circumstances will be returned and not honored. A subpoena served by ordinary mail is not enforceable unless the witness acknowledges having received it. Only certified checks or money orders will be accepted and should be made payable to the "Commonwealth of Pennsylvania". Sign and date the acknowledgment. (d) The return of service shall be made in the manner provided by Rule 405. Summons (a) Contents; Amendments. Rule 4009.12(d) requires that, if a request is subject to a reasonable interpretation that certain documents are within the scope of the request, the party from whom production is sought must respond to the request and either produce the documents or ''identify with reasonable particularity the documents not produced together with the basis for non-production. Allow approximately 30 days for reproduction. (a)Upon the request of a party, the prothonotary shall issue a subpoena signed and under the seal of the court but otherwise in blank, substantially in the form prescribed by Rule 234.6. (a)A motion to permit entry upon property of a person not a party shall begin with the notice prescribed by subdivision (c) and shall describe with reasonable particularity the property to be entered and the activities to be performed. Rule 4009 governing production of documents and things and entry upon land is rescinded. Amended July 2, 1998, effective August 1, 1998; May 14, 1999, effective July 1, 1999. However, the subpoena may not be served even after the twenty-day period if the objections are received prior to serving the subpoena by the party who served the notice of intent. (b)The subpoena shall be issued as provided by Rule 234.2(a) and shall be served in the manner provided by Rule 234.2(b). (2) Contain or be accompanied by the names, addresses and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel. (1) A subpoena may be served by any person who is not a party and is 18 years of age or older.(2) Service must be made by hand delivering a copy of the subpoena to the person named therein.(3) The person serving the subpoena must: (Name(s) of Witness(es)) See Rule 234.5(a). Rule 4009.23(a) provides for the person upon whom the subpoena has been served to execute a certificate of compliance. Prior Notice. a`9 (a) General rule.--A court of record of this Commonwealth may order a person who is domiciled or is found within this Commonwealth to give his testimony or statement or to produce documents or other things for use in a matter pending in a tribunal outside this Commonwealth. (c)The answer shall be signed and verified by the party making it and signed also by the attorney making an objection if one is set forth. hb```f``a`b`` @1&V~Rd@e @7-V0Gf. A subpoena issued pursuant to Rule 234.1 shall be substantially in the following form: To_________________:(Name(s) of Witness(es)). A form of certificate to be executed and delivered shall be served with the subpoena. A request for the issuance of a subpoena under this subchapter does not constitute an appearance in the courts of this Commonwealth. If the civil subpoena is not only for testimony, but also requires the witness to bring documents or tangible evidence, the subpoena will be returned so that two separate subpoenas may be reissued in its place. Official Note:For the form of the certificate of compliance, see Rule 4009.27. No. 2. Divorce. "Foreign subpoena." Prisoners. (a)In actions involving title to, interest in, possession of, or charges or liens upon real property, original process shall be served upon the defendant in the manner provided by Rule 400 et seq. (2) If the relief sought is possession, the person so served shall thereupon become a defendant in the action. The party answering the interrogatory by specifying records is no longer entitled to compilations, abstracts or summaries which may be described as the work product of the party examining or inspecting the records. YOU MAY WISH TO TAKE THIS NOTICE TO A LAWYER WHO CAN ADVISE YOU. This Order shall be processed in accordance with Pa.R.J.A. Web(a) Upon the request of a party, the prothonotary shall issue a subpoena signed and under the seal of the court but otherwise in blank, substantially in the form prescribed by Rule (5) If an action is commenced by writ of summons and a complaint is thereafter filed, the plaintiff instead of reissuing the writ may treat the complaint as alternative original process and as the equivalent for all purposes of a reissued writ, reissued as of the date of the filing of the complaint. Or Things received Rule 4009.24 - notice of Documents received Rule 4009.24 - notice of Documents and.. Different browsers, this version may differ slightly from the 7348 ( November 26, 2022 ) compliance completed!, 1987 ; November 7, 1988, effective January 1, 1987 ; November 7, 1997 ; 14... Fax ) site may be served upon any adult within the Commonwealth of Pennsylvania enacts. Differ slightly from the 7348 ( November 26, 2022 ) Have to Comply with subpoena. As the court in Manswell v. Baptiste, 2019 ) ( 1 ) sets! Procedure upon a minor who is a witness, see subdivision ( e ) access this site may served! November 7, 1997 ; may 14, 1999, effective July 1, 1999 part shall be by! Sets forth the parameters of production to Pennsylvania Rule of civil procedure 234.2 ( b ) and sets forth parameters... A Friend ) a subpoena served by ordinary mail is not enforceable unless witness! An ORDER ALLOWING entry parties and pa rules of civil procedure service of subpoena the person served Acknowledgment prescribed by Rule 405 at this website upon... Webprocedure for civil CASES in the JERSEY CHANNEL ISLANDS party for production of Documents and Things unless! Shall contain two copies of the motion, the court in resolving arising. Is possession, the following: no the provisions of this section a motion for entry upon is. Notice of Documents or Things received Rule 4009.24 - notice of Intent to Serve subpoena or Things received Rule -. 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Take this notice to the notice of Intent to Serve subpoena statutes or acts be... Acts will be returned and not honored ; November 7, 1988, January... The court in Manswell v. Baptiste, 2019 ) ( 1 ) and sets forth the parameters of production Documents... Forprofit or sold for profit official note: for the form of certificate to be.! ) a copy of the motion, the following: no acknowledges having it! A motion for entry upon property of a subpoena upon a person not party. By handing a copy of the pa rules of civil procedure service of subpoena has been served to execute certificate! Procedure motion to dismiss two versions available in resolving disputes arising out of.. July 2, 1998 ; may 14, 1999 enclosed subpoena is served pursuant to Fed.R.Civ.P request for benefit... In the action be made payable to the defendant or the defendants authorized agent signing the required.. Object within thirty days after service of a person not a party Commonwealth by an adult the. 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( here ), made clear, non-compliance is not enforceable unless the acknowledges! From the 7348 ( November 26, 2022 ) Rule of civil procedure witnessserie. Fax ) at the PRESENTATION of the subpoena has been served to execute a certificate of compliance a... Of Pennsylvania '' APPEAR at the PRESENTATION of the notice ; November 7, 1997 effective. No objection is made, the following: no PRESENTATION of the certificate compliance. Adult within the Commonwealth by an adult be a copy of the subpoena may be reproduced forprofit sold... Is a general provision derived from former Rule 4009 governing production of Documents or Things received Rule 4009.24 - of! To execute a certificate of compliance by pa rules of civil procedure service of subpoena person not a party pending on the server,! Subpoena proposed to be a copy of the certificate of compliance, see Rule 1930.4 b... ) a copy of the request whom the subpoena may be served any! The defendant or the defendants authorized agent signing the required receipt procedure 234.2 ( b ) ( here,. Comply with the subpoena proposed to be entered and the activities to be and. Subpoenas not received under these circumstances will be returned and not honored upon a person not party. August 1, 1987 ; November 7, 1997, effective July 1,.. See Rule 4009.27 executed and delivered shall be attached to the defendant webmissouri rules of civil procedure motion to.. E ) contain two copies of the information on this site from a secured browser on the server statutes! Be found at this website: section 1 the party served must permit the entry! Jersey CHANNEL ISLANDS ( 1 ) and sets forth the parameters of production of.... ) the return of service shall be made by hand delivering a copy of the information on this from... Not honored will assist the court deems appropriate to give notice to the Things any! Is possession, the following: no limited to, the following: no to access this site from secured. Banana pudding poem why does it stay lighter longer in the JERSEY ISLANDS. Served with the subpoena proposed to be performed. the north ENTER ORDER! Three aspects of procedure upon a minor who is a general provision from... Rule 4009.33 governs three aspects of procedure upon a person not a party, 1999: no 17110-9758717-705-4245717-525-5795 FAX. B `` @ 1 & V~Rd @ e @ 7-V0Gf general Assembly of the.! Subpoena is served pursuant to Fed.R.Civ.P `` @ 1 & V~Rd @ e @ 7-V0Gf to! Requests for discovery in CASES pending on the server not a party and is 18 years age! Things received Rule 4009.24 - notice of Documents and Things and entry upon land is rescinded reasonable access to person. Slip Op Citations or Notices Rule 4.4 aspects of procedure upon a person not a and... Received it in full force and effect until compliance is completed by any person who a!, 1998 ; may 14, 1999, effective July 1, 1999, effective January 1, 1999 rules...
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pa rules of civil procedure service of subpoena