(a)Generally. Except as set forth below, the procedures for subpoenas shall conform to Rule 45 of the Mississippi Rules of Civil Procedure. This Rule shall not apply to proceedings before a grand jury.(b)Subpoenas Duces Tecum for Production at Trial or Hearing. A subpoena may, without a motion or hearing, require the production of books, papers, documents or other objects at the date, time and place at which the trial, hearing or proceeding at which these items are to be offered in evidence is scheduled to take place.(c)Subpoenas Duces Tecum for Production other than at Trial or Hearing.(1) Generally. No subpoena may require the production of books, papers, documents or other objects at a date and time or place other than the date, time and place at which the trial, hearing or proceeding at which these items are to be offered in evidence is scheduled to take place, unless the court has entered an order pursuant to this Rule authorizing the issuance of such subpoena.(2) Motions; Service; Opposition. A hearing on a motion for the issuance of a subpoena duces tecum shall be set at the time the motion is filed and served. The hearing shall be set no earlier than ten (10) days after filing and service of the motion. Except for good cause shown, all motions for subpoenas duces tecum shall be served on: (A) the custodian of the books, papers, documents or other objects which would be subject to the subpoena;(C) all persons whose books, papers, documents or other objects would be subject to the subpoena; and(D) all persons who may have a claim that privileged material would be subject to the subpoena. Any party to the action or other interested person may file an opposition or response.
(3) Supporting Affidavit or Declaration. Motions seeking subpoenas duces tecum shall be supported by an affidavit or declaration stating facts which establish:(A) the documents or objects sought are evidentiary and relevant;(B) the documents or objects sought are not otherwise reasonably procurable in advance of the trial, hearing or proceeding by exercise of due diligence;(C) the moving party cannot properly prepare for trial without such production and inspection in advance of trial and the failure to obtain such inspection may tend unreasonably to delay the trial; and(D) the application is made in good faith and is not intended for the purpose of general discovery.(4) Immediate Lodging with Court. Any subpoena duces tecum under section (c) shall be returnable to, and the items sought thereunder produced before, the court. In the event that materials subject to a subpoena are received by a party, an attorney, or an attorney's agent or investigator directly from the subpoenaed person, any person receiving such materials shall immediately notify the court and shall immediately lodge such materials with the court. The materials shall not be opened, reviewed or copied by a recipient without a prior court order.(d) Sanctions. Violation of this Rule may provide a basis for sanctions.Comment
Rule 33 is derived from former Rule 2.01 of the Uniform Rules of Circuit and County Court.