(1) A named person does not have to comply with the subpoena if:
(a) the person was not served in accordance with these Rules; or
(b) conduct money was not tendered to the person:
(i) at the time of service; or
(ii) at a reasonable time before the day on which attendance or production in accordance with the subpoena is required.
(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.