Kansas Subpoena

Introduction

Key Things to Know

1. 1

   A Kansas subpoena is a court order in a pending case, issued under K.S.A. 60-245, that commands a person to attend and testify, to produce designated documents or electronically stored information, or to permit the inspection of premises.

2. 2

   The Kansas attendance fee is $10 per day for appearing before any court or grand jury, or before any judge, referee or commission (K.S.A. 28-125(a)(1)).

3. 3

   Kansas pays mileage for each mile necessarily and actually traveled going to and returning from the place of attendance, at the rate prescribed by law, and only if the distance is more than one mile (K.S.A. 28-125(a)(3)). The rate itself is the state mileage allowance fixed by the secretary of administration under K.S.A. 75-3203a.

4. 4

   Every subpoena issued by the court must be issued by the clerk under the seal of the court or by a judge. The clerk must issue a signed but otherwise blank subpoena to a party who requests it, bearing the seal and the clerk's signature, and the party fills it in before service (K.S.A. 60-245(a)(3)).

5. 5

   Service may be made anywhere within Kansas, and where attendance is commanded it must be accompanied by the fees for one day's attendance and the mileage allowed by law (K.S.A. 60-245(b)).

6. 6

   Not less than 14 days before a nonparty business records subpoena is issued, the requesting party must notify all parties of the intent to request it and serve a copy of the proposed subpoena. A party objection inside that window stops issuance unless the court orders otherwise (K.S.A. 60-245a(b)(1)(A)).

7. 7

   A nonparty who is neither a party nor a party's officer cannot be made to travel more than 100 miles from where that person resides, is employed or regularly transacts business in person, subject to the trial exception written into K.S.A. 60-245(c)(3)(A)(ii).

Kansas Requirements for Subpoena

• Attendance Fee of $10 a Day

  Kansas witnesses receive $10 per day for attending before any court or grand jury, or before any judge, referee or commission, and $10 for attending on an inquest (K.S.A. 28-125(a)(1) and (2)).

• Mileage at the Rate Prescribed by Law, Over One Mile

  Kansas allows mileage for each mile necessarily and actually traveled in going to and returning from the place of attendance, at the rate prescribed by law, if the distance is more than one mile (K.S.A. 28-125(a)(3)). No cents figure appears in the witness-fee statute: the rate is the state mileage allowance the secretary of administration fixes under K.S.A. 75-3203a, so confirm the current figure before you tender.

• Fees Must Accompany Service

  Service may be made anywhere within Kansas and must follow K.S.A. 60-303. Where the subpoena requires a person to attend, service must be accompanied by the fees for one day of attendance and the mileage allowed by law (K.S.A. 60-245(b)), so the money goes out with the server.

• Clerk Under Seal, or a Judge, Issues It

  Every subpoena issued by the court must be issued by the clerk under the seal of the court or by a judge. The clerk must issue a signed but otherwise blank subpoena bearing the seal and the clerk signature to a party who requests it, and that party fills it in before service (K.S.A. 60-245(a)(3)).

• 14 Days Notice of Intent Before a Records Subpoena Issues

  Not less than 14 days before issuance of a nonparty business records subpoena, the requesting party must give all parties notice of the intent to request it and serve a copy of the proposed subpoena. If any party objects before issuance, the subpoena must not be issued unless the court orders it (K.S.A. 60-245a(b)(1)(A)).

• Objection Due in 14 Days or by the Compliance Date

  A person commanded to produce materials or permit inspection may serve a written objection, which must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served (K.S.A. 60-245(c)(2)(B)). After an objection the materials need not be produced unless the court orders production.

• 100-Mile Travel Limit for Nonparties

  On timely motion the issuing court must quash or modify a subpoena requiring a Kansas resident who is neither a party nor a party officer to travel more than 100 miles from where that person resides, is employed or regularly transacts business in person, or requiring a nonresident to travel more than 100 miles from the place of service, except that the person may be commanded to travel to the place of trial (K.S.A. 60-245(c)(3)(A)(ii)).

• Contempt Under K.S.A. 20-1204

  The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena, with punishment in accordance with K.S.A. 20-1204. A nonparty failure to obey must be excused if the subpoena purports to require attendance or production beyond the 100-mile limit (K.S.A. 60-245(e)).