A. What subpoena server must do

No Eighth circuit opinion addresses procedures required for issuing and contesting subpoenas in a manner specific to the reporter's privilege. Litigants should follow the Federal Rules of Civil Procedure or the local rules of the relevant district court concerning these issues. Rule 45 of the Federal Rules addresses subpoenas. Many district courts within the Eighth Circuit follow this rule without modification or supplementation.

If a subpoena of the news media is being sought by a federal prosecutor, special rules apply. Most importantly, the subpoena must be specifically approved by the attorney general. See 28 C.F.R. 50.10 for the full text of the regulation.

Some district courts within the Eighth Circuit that have addressed the reporter's privilege discuss special procedures for issuing and contesting subpoenas in this context. Relevant portions are discussed below.

There are no special rules under Colorado law for serving a subpoena on a member of the news media. In cases where the media is not a party, the service of a subpoena must comply with the requirements of Rule 45 of the Colorado Rules of Civil Procedure. In cases where the news media is a party to the action, the requirements of Rules 30 and 34 of the Colorado Rules of Civil Procedure must be met. The requirements are similar in criminal courts in Colorado. See generally, Crim. P. Rule 17.

Under the state rules of civil procedure, subpoenas may be served at any place within the State.  The subpoena may be served by a sheriff, deputy sheriff, or anyone not a party who is over the age of 18.  Service is made by delivering a copy of the subpoena with the fees for one day's attendance and mileage allowed by law.

There are no peculiar requirements for the service of subpoenas upon reporters or other similar witnesses; they will be treated the same as all other individuals. Compliance with the pertinent court rules, both as to nature and form of the subpoena and as to the service of the subpoena (including witness fees) is required. These requirements vary slightly if the witness is also a party to the lawsuit. See Idaho Rule of Civil Procedure 45; Idaho Criminal Rule 17.

Rule 45(B), Ohio Rules of Civil Procedure:

A subpoena may be served by a sheriff, bailiff, coroner, clerk of court, constable, or a deputy of any, by an attorney at law, or by any other person designated by order of court who is not a party and is not less than eighteen years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy of the subpoena to the person, by reading it to him or her in person, by leaving it at the person's usual place of residence, or by placing a sealed envelope containing the subpoena in the United States mail as certified or express mail return receipt requested with instructions to the delivering postal authority to show to whom delivered, date of delivery and address where delivered, and by tendering to the person upon demand the fees for one day's attendance and the mileage allowed by law. The person responsible for serving the subpoena shall file a return of the subpoena with the clerk. When the subpoena is served by mail delivery, the person filing the return shall attach the signed receipt to the return. If the witness being subpoenaed resides outside the county in which the court is located, the fees for one day's attendance and mileage shall be tendered without demand. The return may be forwarded through the postal service or otherwise.

Rule 17(D), Ohio Rules of Criminal Procedure:

A subpoena may be served by a sheriff, bailiff, coroner, clerk of court, constable, marshal, or a deputy of any, by a municipal or township policeman, by an attorney at law or by any person designated by order of the court who is not a party and is not less than eighteen years of age. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person or by reading it to him in person or by leaving it at his usual place of residence, and by tendering to him upon demand the fees for one day's attendance and the mileage allowed by law. The person serving the subpoena shall file a return thereof with the clerk. If the witness being subpoenaed resides outside the county in which the court is located, the fees for one day's attendance and mileage shall be tendered without demand. The return may be forwarded through the postal service, or otherwise.