Superior Court of the Virgin Islands
Rules Governing the
Superior Court of the Virgin Islands

Rule 11. Subpoena

(a) Form and issuance. A subpoena shall be issued by the judge or clerk or deputy clerk under the seal of the court. It shall state the name of the court and the title, if any, of the proceeding, and if the witness is to testify on behalf of the Government, it shall so note, and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. The clerk shall issue a subpoena, signed and sealed, to a party requesting it, who shall fill in the blanks before it is served.

(b) Indigent defendants. A judge may order, at any time, that a subpoena be issued on motion or request of an indigent defendant in a criminal case.

(c) For production of documentary evidence and of objects. A subpoena may also command the person, to whom it is directed, to produce books, papers, documents, or other objects designated therein. The judge, on motion made promptly, may quash or modify the subpoena if compliance would be unreasonable or oppressive. The judge may direct that books, papers, documents, or other 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 other objects or portions thereof, to be inspected and copied by the parties and their attorneys, or by a probation officer.

(d) Service. A subpoena may be served by any person who is not a party and who is not less than 18 years of age. Service of a subpoena may be made by delivering a copy thereof to the person named. A subpoena requiring the attendance of a witness at a hearing or trial may be served at any place within the territory.

(e) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued.

(f) Traffic cases. The clerk shall also issue subpoenas, signed and sealed, to law enforcement officers, who shall fill in the blanks before they are served upon witnesses for the Government and for the defense in traffic cases at the same time traffic tickets are served.--Amended May 28, 1957; May 27, 1965; Mar. 8, 1966.

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