Short answer. Not for an ordinary subpoena. Proof that you served the deposition notice is itself sufficient authorization for the clerk of court where the deposition will be taken to issue subpoenas for the persons named in it; a subpoena duces tecum, however, still requires a separate court order beforehand.
What the law says
shall constitute sufficient authorization for the issuance of subpoenas for the persons named in said notice by the clerk of the court of the place in which the deposition is to be taken. The clerk shall not, however, issue a subpoena duces tecum to any such person without an order of the court.
Rule 21, Section 5 — Subpoena for depositions. Read the full provision →
What the deposition notice itself accomplishes
Proof of service of a notice to take a deposition, once it exists, constitutes sufficient authorization on its own for the issuance of subpoenas for the persons actually named in that notice. No separate motion or any additional showing beyond that proof of service is genuinely needed for an ordinary subpoena to issue — the properly served notice by itself is treated as enough authorization.
Who issues the subpoena based on that notice
The resulting subpoena is issued specifically by the clerk of the court of the place in which the deposition is actually to be taken — this is not necessarily the same court where the main underlying case happens to be pending, but rather specifically the court located in whatever place the deposition itself will actually happen. A deposing party arranging for a subpoena should direct the request to that clerk, not to the clerk of the court hearing the main case, if the two happen to differ.
The separate rule for subpoena duces tecum
This automatic authorization does not, however, extend to cover a subpoena duces tecum. The clerk shall not issue a subpoena duces tecum to any such person without a separate order of the court — meaning that if the deposing party also wants the witness to bring along documents or other things, an additional court order is still required beyond just the underlying proof of service of the original deposition notice.
Why the two are treated differently
An ordinary subpoena compelling mere attendance at a deposition is treated as routine enough to flow automatically from proper notice alone, but a subpoena duces tecum carries the considerably heavier additional burden of compelling document production, which is precisely why the rule requires the added safeguard of a specific, separate court order before the clerk is permitted to issue one of that kind.
Practical takeaway for the deposing party
Once a party has properly served the notice to take a deposition and can show proof of that service, no separate motion for authorization is needed just to get an ordinary subpoena issued for the named witness. Only when the deposing party also wants the witness to produce documents or things — turning the subpoena into a subpoena duces tecum — does a further, separate court order become necessary before the clerk may issue it.
Related provisions
- Rule 21, Section 5 — Subpoena for depositions
- Rule 21, Section 4 — Quashing a subpoena
- Rule 21, Section 6 — Service