(a) Subpoenas for witnesses shall be signed by the clerk of the court or a commissioner of the Superior Court and shall be served by an officer, indifferent person or, in any criminal case in which a defendant is represented by a public defender or Division of Public Defender Services assigned counsel, by an investigator of the Division of Public Defender Services. The subpoena shall be served not less than eighteen hours prior to the time designated for the person summoned to appear, unless the court orders otherwise.
(b) Any subpoena summoning a police officer as a witness may be served upon the chief of police or any person designated by the chief of police at the appropriate police station who shall act as the agent of the police officer named in the subpoena. Service upon the agent shall be deemed to be service upon the police officer.
(c) Any subpoena summoning a correctional officer as a witness may be served upon a person designated by the Commissioner of Correction at the correctional facility where the correctional officer is assigned who shall act as the agent of the correctional officer named in the subpoena. Service upon the agent shall be deemed to be service upon the correctional officer.
(d) Subpoenas for witnesses summoned by the state, including those issued by the Attorney General or an assistant attorney general, or by any public defender or assistant public defender acting in his official capacity may contain this statement: “Notice to the person summoned: Your statutory fees as witness will be paid by the clerk of the court where you are summoned to appear, if you give the clerk this subpoena on the day you appear. If you do not appear in court on the day and at the time stated, or on the day and at the time to which your appearance may have been postponed or continued by order of an officer of the court, the court may order that you be arrested.”
(e) If any person summoned by the state, or by the Attorney General or an assistant attorney general, or by any public defender or assistant public defender acting in his official capacity, by a subpoena containing the statement as provided in subsection (d) of this section, or if any other person upon whom a subpoena is served to appear and testify in a cause pending before any court and to whom one day's attendance and fees for traveling to court have been tendered, fails to appear and testify, without reasonable excuse, he shall be fined not more than twenty-five dollars and pay all damages to the party aggrieved; and the court or judge, on proof of the service of a subpoena containing the statement as provided in subsection (d) of this section, or on proof of the service of a subpoena and the tender of such fees, may issue a capias directed to some proper officer to arrest the witness and bring him before the court to testify.
(f) Any subpoena summoning a physician as a witness may be served upon the office manager or person in charge at the office or principal place of business of such physician who shall act as the agent of the physician named in the subpoena. Service upon the agent shall be deemed to be service upon the physician.
(1949 Rev., S. 7866; March, 1958, P.A. 27, S. 63; 1961, P.A. 378; 517, S. 41; 1967, P.A. 392; 1971, P.A. 127; P.A. 79-11; P.A. 82-160, S. 59; P.A. 84-141; P.A. 88-25; P.A. 94-30; P.A. 03-19, S. 117; 03-224, S. 9; P.A. 11-51, S. 11.)
History: 1961 acts deleted obsolete provisions for signing subpoenas and issuance of capias by justices of the peace and increased fine from $5 to not more than $25; 1967 act clarified section by adding provisions re contents of subpoena statement and re issuance of capias by court or judge “on proof of the service of a subpoena containing the aforesaid statement”; 1971 act added references to subpoenas issued by attorney general or an assistant attorney general; P.A. 79-11 added provision re manner of serving subpoena summoning a police officer; P.A. 82-160 rephrased the section and inserted Subsec. indicators; P.A. 84-141 amended Subsec. (a) by adding provision re time period for service of subpoena; P.A. 88-25 amended Subsec. (a) to authorize service by an investigator of the division of public defender services in any criminal case in which a defendant is represented by a public defender or special public defender; P.A. 94-30 inserted new Subsec. (c) re manner of service of a subpoena summoning a correctional officer and relettered the remaining Subsecs. accordingly (Revisor's note: References in Subsec. (e) to former Subsec. (c) were replaced editorially by the Revisors with references to Subsec. (d)); P.A. 03-19 made a technical change in Subsec. (a), effective May 12, 2003; P.A. 03-224 added Subsec. (f) re service of subpoena summoning physician as witness, effective July 2, 2003; P.A. 11-51 amended Subsec. (a) to substitute “Division of Public Defender Services assigned counsel” for “special assistant public defender”, effective July 1, 2011 (Revisor's note: In Subsec. (e), references to “subsection (d)” were changed editorially by the Revisors to “subsection (d) of this section” for accuracy).
See Sec. 51-35 re witnesses' imprisonment for failure to testify and re protection against self-incrimination.
See Sec. 52-56(d) re execution or service of capias in any precinct by state marshal of any precinct.
See Sec. 52-161b re issuance of subpoena to crime victim by pro se litigant.
Effect of subpoena duces tecum. 79 C. 118. Fact that witness has already given deposition is not legal excuse for failure to obey subpoena. 116 C. 393. Power of court to issue capias directing arrest of a witness is ordinarily conditioned on issuance of subpoena. 132 C. 637. Cited. 146 C. 252. When the failure of a party to call a witness may be the basis for an unfavorable inference. 147 C. 672; overruled, see 250 C. 722. Issuance of a capias is in the discretion of the court and statute does not mandate that court issue a capias when a witness under subpoena fails to appear. 163 C. 293. Cited. 182 C. 476; 193 C. 350; 197 C. 507.
Service of subpoena “upon” a person does not require physical acceptance of it, if the person is given notice of it and its contents. 5 CA 556. Cited. 8 CA 598; 33 CA 65; 40 CA 1.
Cited. 5 CS 63; 37 CS 693.
Structure Connecticut General Statutes
Section 52-143. - Subpoenas for witnesses. Penalty for failure to appear and testify.
Section 52-144. - Form of subpoena.
Section 52-145. - Certain witnesses not disqualified. Credibility.
Section 52-146. - Wife as a witness against her husband.
Section 52-146b. - Privileged communications made to clergymen.
Section 52-146c. - Privileged communications between psychologist and patient.
Section 52-146e. - Disclosure of communications.
Section 52-146f. - Consent not required for disclosure, when.
Section 52-146g. - Access to communications and records by persons engaged in research.
Section 52-146i. - Labeling of confidential records.
Section 52-146j. - Judicial relief.
Section 52-146l. - Disclosure of privileged communication by interpreter prohibited.
Section 52-146t. - Protection from compelled disclosure of information obtained by news media.
Section 52-147. - Written statements in actions to recover damages for personal injuries.
Section 52-148. - Depositions in civil actions and probate proceedings.
Section 52-148a. - Taking of depositions. When court order necessary.
Section 52-148b. - Notice of taking of deposition.
Section 52-148d. - Requirements for taking of depositions. Party subject to taking of deposition.
Section 52-149. - Depositions of persons sixty years old.
Section 52-149a. - Depositions of medical witnesses.
Section 52-150. - Interested persons not to write depositions.
Section 52-151. - Custody and opening of depositions.
Section 52-152. - Depositions of persons in armed forces.
Section 52-156. - Preservation of the testimony of a witness.
Section 52-156a. - Deposition to perpetuate testimony before action or pending appeal.
Section 52-157. - Taking of deposition may be adjourned.
Section 52-158. - Deposition may be used in Appellate Court.
Section 52-159. - Deposition may be used in another action.
Section 52-161. - Transcript of stenographer's or court reporter's record part of official record.
Section 52-161a. - Subpoenaing of court reporter as witness.
Section 52-161b. - Subpoenaing of crime victim by pro se litigant. Court authorization required.
Section 52-162. - Exemplification of laws of other states.
Section 52-163a. - Determination of the law of jurisdictions outside this state.
Section 52-164. - Reports of judicial decisions of other states.
Section 52-165. - Records of corporations and public offices.
Section 52-166. - Orders of state officials.
Section 52-167. - Corporation certificates; copies as prima facie evidence.
Section 52-168. - U.S. revenue stamps on recorded documents.
Section 52-169. - Protests of bills and notes.
Section 52-170. - Records of directors of health and religious societies.
Section 52-171. - Sworn copies of files and records.
Section 52-172. - Declarations and memoranda of deceased persons.
Section 52-173. - Entries admissible for those claiming title from decedent.
Section 52-175. - Entries and memoranda of mentally ill and incapable persons.
Section 52-175a. - Negligence action, construction of acts of blind person.
Section 52-176. - Promise to pay barred debt to be in writing.
Section 52-177. - Action on bond. Burden of proving value of principal's interest.
Section 52-178. - Adverse party or officer, agent or employee thereof may be compelled to testify.
Section 52-178a. - Physical examination of plaintiff, when.
Section 52-179. - Seal and its equivalent.
Section 52-180. - Admissibility of business entries and photographic copies.
Section 52-180a. - Admissibility of out-of-state hospital record or bill for treatment.
Section 52-180c. - Admissibility of evidence of sexual misconduct.
Section 52-181. - Evidence of death or capture.
Section 52-182. - Presumption of family car or motorboat in operation by certain person.
Section 52-183. - Presumption of agency in motor vehicle operation.
Section 52-184a. - Evidence obtained illegally by electronic device inadmissible.
Section 52-184b. - Failure to bill and advance payments inadmissible in malpractice cases.