RULE 45. SUBPOENAS.

1. The Clerk of Courts or any Tribal Judge upon application of any party of their attorney in a civil case may issue a subpoena for a witness or witnesses to attend any hearing or trial or for the purpose of taking a deposition pursuant to the discovery rule.
2. A subpoena shall state the name of the Court, title of the action, and shall command the person to whom it is directed to attend and give testimony or produce documents, books, papers, or other tangible pieces of evidence stated in the subpoena at a time and place specified in the subpoena.  It shall state the name of the party or parties for whom the testimony or documents are required.
3. A subpoena may be served by any officer or person qualified to make service of a Summons and Complaint.  A subpoena shall be served in the same manner as a Summons and Complaint served except that no service by publication is allowed.  A subpoena must be served sufficiently in advance of the date when the appearance of the witness is required to enable the witness to reach the appearance place by the ordinary or usual method of transportation which he may use.
4. Any person requesting the issuance of subpoenas shall tender to the Clerk of Judge the sum of $5 for each and every subpoena which he requests be served, which sum shall be deemed to cover the cost of the service fees to the process servers.  The person requesting the subpoena shall at the time tender to the Clerk or Judge the sum of $10 which sum shall be tendered to the witness fees for one day’s attendance at Court pursuant to the subpoena.  If such fees are not paid at the time of the request for issuance of the subpoenas, the Clerk of Courts or the Tribal Judge shall not issue such subpoena.  At the commencement of each day of trial or hearing after the first day, a witness under subpoena may demand an additional daily fee from the party who subpoenaed him for each subsequent day’s attendance, and if the dame is not paid immediately, the witness shall not be required to remain.  When any subpoena is requested to be issued on behalf of the Rosebud Sioux Tribe or any of its political or official subdivisions or any officer of agency thereof, no fees for service or fees for attendance on such subpoenas shall be required to be paid, but such subpoena shall be issued and attendance pursuant to those subpoenas shall be required.
5. A person who has been properly served with a subpoena and fails to appear or produce such documents as were required may be deemed in contempt of Court and punished accordingly.
6. A person present in Court or before a judicial officer may be required to testify in the same manner as if he had been served with a subpoena even though no subpoena has actually been issued to him.