As amended through November 14, 2024
(a) For attendance of witnesses; form; issuance. A subpoena shall be issued by the Clerk of the Court under the seal of the Court. It shall state the name of the Court and the title, if any, of the proceeding, and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. The Clerk of the Court shall issue a subpoena, signed and sealed but otherwise in blank to a party requesting it, who shall fill in the blanks before it is served.(b) Indigent persons charged. The Court may order at any time that a subpoena be issued upon motion or request of an indigent person charged. If the Court orders the subpoena to be issued the costs incurred by the process and the fees of the witness so subpoenaed shall be paid in the same manner in which similar costs and fees are paid in case of a witness subpoenaed in behalf of the State. (c) For production of documentary evidence and of objects. A subpoena may also command the person to whom it is directed to produce the books, papers, documents or other objects designated therein. The Court on motion made promptly may quash or modify the subpoena if compliance would be unreasonable or oppressive. The Court may direct that books, papers, documents or objects designated in the subpoena be produced before the Court at a time prior to the trial or prior to the time when they are to be offered in evidence and may upon their production permit the books, papers, documents or objects or portions thereof to be inspected and copied by the parties and their attorneys. (d) Service. A subpoena may be served by the sheriff, by the sheriff's deputy or by any other person who is not a party and who is not less than 18 years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named therein.(e) For taking deposition; place of examination. -- (1) Issuance. The attendance of witnesses and production by them of designated documents or tangible things, which constitute or contain evidence relating to any of the matters included within the scope of the examination permitted by Rule 15 and Rule 17(c) may be compelled, within the State of Delaware, by the same means as at trial or hearing; and elsewhere, by whatever means are available under the laws of the place where the examination is held.(2) Place. A resident of Delaware whose deposition is to be taken may be required to attend an examination only in the county wherein that person resides or is employed or transacts business in person. A nonresident of Delaware may be required to attend in accordance with the law of the state in which served. (f) Contempt. Failure by any person without adequate excuse to obey a subpoena properly served may be deemed a contempt. Del. Fam. Ct. R. Crim. P. 17