Conn. Practice Book § 13-28A (2026)

Sec. 13-28A (2) If a person makes such written objection, the party who requested issuance of the subpoena (A) shall not be entitled to compel such person’s appearance or receive, copy or inspect the books, papers, documents or tangible things, except pur- suant to an order of the Superior Court, and (B) may, upon notice to such person, file a motion pursuant to subsection (g) below for an order to compel such person’s appearance or production, copying or inspection of such materials in accord- ance with the terms of such subpoena. (3) The provisions of subdivisions (1) and (2) of this subsection shall not be applicable to a civil action filed to recover damages resulting from personal injury or wrongful death in which it is alleged that such injury or death resulted from professional malpractice of a health care provider or health care institution. (e) For purposes of any motion filed pursuant to this section, the appropriate Superior Court is (1) for an action pending in this state, the judicial district where the action is pending, (2) for an action pending in another state that has adopted the Interstate Depositions and Discovery Act, the judicial district in this state that issued the sub- poena, and (3) for an action pending in a state that has not adopted that Act, the judicial district where the person to whom the subpoena is directed resides. (f) A party or the person to whom the subpoena is directed may move to quash or modify the sub- poena. The court may, upon motion made promptly and, in any event, at or before the time for compli- ance specified in a subpoena authorized by sub- sections (a) or (b) of this section, (1) quash or modify the subpoena if it is unreasonable and oppressive or if it seeks the production of materials not subject to production under the provisions of subsection (c) of this section, or (2) condition denial of the motion upon the advancement by the party who requested the subpoena of the reasonable cost of producing the materials being such. (g) A party may move for a protective order pursuant to Section 13-5 to prevent or to modify the subpoena. (h) The party who served the subpoena may move to compel compliance with the subpoena. Upon receipt of such motion together with the payment of all entry fees, if required, the clerk shall schedule the matter for hearing and provide the moving party notice of the time and place of the hearing. The moving party shall serve the motion to compel and the notice of the time and place of the hearing upon the subpoenaed party. If the nonparty to whom the subpoena was directed served an objection asserting that the subpoena subjected that nonparty to unreasonable burden 238 or expense, when ruling on a motion to compel directed to such person, the court shall make a finding as to whether the subpoena subjects the person to undue or unreasonable burden or expense prior to entering any order to compel such person’s appearance or the production, copying or inspection of such materials. If the court finds that the subpoena issued to the person subjects such person to undue or unreasonable burden or expense, any order to compel such person’s appearance or production, copying or inspection of such materials shall protect the per- son from undue or unreasonable burden or expense resulting from compliance with such sub- poena and, except in the case of a subpoena commanding the production, copying or inspec- tion of medical records, may include, but not be limited to, the reimbursement of such person’s reasonable costs of compliance, as set forth in the affidavit of costs. (i) If any person to whom a lawful subpoena is issued under any provision of this section fails without just excuse to comply with any of its terms, the court may issue a capias and cause the person to be brought before that court, and, if the person subpoenaed refuses to comply with the sub- poena, the court may commit the person to jail until such person signifies a willingness to comply with it. Alternatively, the court may impose one or more of the orders set forth in Section 13-14 for discovery noncompliance. (Adopted June 12, 2025, to take effect Jan. 1, 2026.) COMMENTARY–2026: This new section was created in response to the adoption of the Interstate Depositions and Discovery Act, now codified at General Statutes § 52-655 et seq. Former subsections (b) through (g) were moved from Section 13-28 to this new section to specifically address depo- sition subpoenas. Subsection (a) addresses deposition sub- poenas for actions pending in this state. Subsection (b) is new, and it addresses subpoenas to be issued in this state for actions pending in other states that have adopted the Interstate Depositions and Discovery Act. Subsection (c) is essentially the same as former Section 13-28 (c), and it addresses the inclusion of document requests in deposition subpoenas. Sub- section (d) incorporates language that previously was in Sec- tion 13-28 (g) (2) and (3). It provides for an objection to a subpoena. Subsection (e) is new. It instructs litigants on where any motion responsive to a subpoena served in this state should be filed. Subsection (f) is a slightly modified version of former Section 13-28 (e). It provides for a motion to quash or modify a subpoena. Subsection (g) is new. It refers parties to the protective order procedure in Section 13-5. Subsection (h) is a slightly modified version of part of former Section 13-28 (g) (2). It permits the party who served the subpoena to move to compel compliance. Subsection (i) was formerly Section 13-28 (f). It has been modified to provide the court with options in addition to issuing a capias when the person issued a depo- sition subpoena fails to comply. TECHNICAL CHANGE: In subsection (e), ‘‘is’’ was added before ‘‘directed.’’

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