Vt. R. Prob. P. 45

As amended through November 4, 2024
Rule 45 - Subpoena
(a) For attendance of witnesses; form; issuance. A subpoena may be issued by the register, an attorney, a notary public, or a magistrate. It shall state the name of the court and the title of the action, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified.
(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 motion 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 motion 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 by the sheriff, by a deputy, by a constable, or by any other person who is not a party and is not less than 18 years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person and by tendering to the person the fees for one day's attendance and the mileage allowed by law.
(d) Subpoena for taking depositions. The procedure with respect to a subpoena for taking depositions shall be governed by the Vermont Rules of Civil Procedure.
(e) Subpoena for hearing. Subpoenas for attendance at a hearing shall be issued at the request of any party. A subpoena requiring the attendance of a witness at a hearing may be served at any place within the state.
(f) Failure to comply; sanctions. The provisions of 12 V.S.A. §§ 122, 123, 1623 and 1624 shall apply to failure by any person without adequate excuse to obey a subpoena served upon the person.

Vt. R. Prob. P. 45