In Re: Order Amending Rule 234.1 of the Pennsylvania Rules of Civil Procedure

Explanatory Comment

The Supreme Court of Pennsylvania has amended Rule 234.1 governing

subpoenas to attend and testify. The amendment remedies a discrepancy between

service of a subpoena on a non-party witness and service of a notice to attend on a

party. Current Rule 234.3 provides that a party shall be served a notice to attend

reasonably in advance of the date the party is required to attend and testify. Current

Rule 234.1, on the other hand, is silent as to when a non-party witness should be

served a subpoena before attendance is required. The result is that a party who is

aware of and involved in litigation is entitled to reasonable notice, but a non-party

witness who has no prior knowledge of a trial and no forewarning that he or she may be

called to testify can be subpoenaed with no notice. The amendment of Rule 234.1

requires that a non-party witness be served a subpoena reasonably in advance of the

date the witness is required to attend and testify.

By the Civil Procedural
Rules Committee

Peter J. Hoffman
Chair