(1) A named person does not have to comply with the subpoena if:

(a)

the named person was not served in accordance with these Rules (see rule 15.22 and subrule 15.28 (1)); or

(b)

conduct money was not tendered to the person at the time of service or within a reasonable time before the court date.

(2)

If a named person is not to be called to give evidence or produce a document to the court in compliance with the subpoena, the issuing party may excuse the named person from complying with the subpoena.