(a) For Attendance of Witnesses; Form; Issuance. Every subpoena shall be issued by the clerk of the circuit court of the circuit in which the proceeding is pending under the seal of the court, shall state the name of the court and the title of the proceeding, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified. Upon payment of all required fees the clerk shall issue a subpoena, or a subpoena for the production of documentary evidence, signed and sealed but otherwise in blank, to a party requesting it, who shall fill it in before service. (b) For Production of Documentary Evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon petition made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is unreasonable and oppressive or (2) condition denial of the petition upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things. (c) Service. A subpoena may be served at any place within the state. A subpoena may be served: (1) anywhere in the state by the sheriff or the sheriff's deputy, or by any other person who is not a party and is not less than 18 years of age, or (2) in any county by the chief of police or the chief's duly authorized subordinate. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to him or her the fees for one day's attendance and the mileage allowed by law. When the subpoena is issued on behalf of the state, or an officer or agency of the state, fees and mileage need not be tendered. (d) Contempt. Failure by any person without adequate excuse to obey a subpoena upon that person may be deemed a contempt of the court from which the subpoena issued. COMMENTARY:
These rules are taken verbatim from HRCP 45, except that HRCP 45(d) is excluded, it being within the power of the court in a contested matter to adopt that rule (relating to subpoenas for depositions) if the court so desires. As written, these rules would apply only to subpoenas for testimony at a hearing. They greatly expand the ability of the probate court to obtain witnesses and documents that may be necessary to the full and fair evaluation of the matter.