Rule 234.5. Failure to Comply with Subpoena. Notice to Attend or Notice to Produce.

 (a)  If a witness fails to comply with a subpoena, the court may issue a bench warrant and if the failure to comply is wilful may adjudge the witness to be in contempt. No bench warrant may be issued and no adjudication of contempt may be made for the nonappearance of a witness served by ordinary mail pursuant to Rule 234.2(b)(3) unless the witness has returned the signed form of acknowledgment prescribed by Rule 234.9.

 (b)  If a party fails to comply with a subpoena, a notice to attend or a notice to produce, the court may enter any order imposing appropriate sanctions authorized by Rule 4019(c) and, if the failure to comply is for the purpose of delay or in bad faith, the court may impose on that party the reasonable expenses actually incurred by the opposing party by reason of such delay or bad faith, including attorney’s fees. If the failure is wilful the court, after hearing may adjudge the party to be in contempt.

Source

   The provisions of this Rule 234.5 adopted December 14, 1989, effective January 1, 1990, 20 Pa.B. 7.



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