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A. The Osage Nation Congress or its committees responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to subpoena.

B. The subpoenaed party may plead to the Trial Court of the Osage Nation to contest the subpoena, and the party under subpoena has the burden of proof. The Trial Court shall only quash or modify the subpoena if the evidence shows the subpoena:

1. Fails to provide five-day notice for compliance;

2. Requires disclosure of privileged or other protected matter and no exception or waiver applies;

3. Subjects a person to undue burden or hardship; or

4. Requires the production of documents or things outside the scope of the affected party’s access or possession or outside the scope of the authority to possess or gain access to. ONCA 07-48, eff. Oct. 3, 2007; ONCA 13-59, eff. July 11, 2013.