Subpoena Duces Tecum (Subpoena to Produce Documents)

When the subpoena duces tecum is used

Timing: during discovery, or to bring documents to a deposition, hearing or trial. Discovery is the stage where the parties exchange information. In most federal cases it follows the Rule 26(f) conference.

What the rule requires

• Every subpoena must state the court from which it issued; state the title of the action and its civil-action number; command each person to whom it is directed to produce designated documents, electronically stored information or tangible things in that person's possession, custody or control at a specified time and place; and set out the text of Rule 45(d) and (e) (Rule 45(a)(1)(A)).
• If the subpoena commands the production of documents, electronically stored information or tangible things, or the inspection of premises, before trial, a notice and a copy of the subpoena must be served on each party before it is served on the person to whom it is directed (Rule 45(a)(4)).
• The clerk must issue a subpoena, signed but otherwise in blank, to a party who requests it, and that party must complete it before service; an attorney also may issue and sign a subpoena if authorized to practice in the issuing court (Rule 45(a)(3)).

More rules for the subpoena duces tecum

• A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena (Rule 45(d)(1)).
• A person commanded to produce documents or tangible things or to permit inspection may serve a written objection on the party or attorney designated in the subpoena; the objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served (Rule 45(d)(2)(B)).
• A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand (Rule 45(e)(1)(A)).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 45(a)(1)(A), 45(a)(3), 45(a)(4), 45(d)–(e) online. Also, the federal judiciary publishes the current rules and recent amendments.

The subpoena duces tecum in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar subpoena duces tecum procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Clerk: usually short for the clerk of court, the officer who keeps the court's records and docket, accepts filings, issues summonses and subpoenas and performs duties the rules assign, assisted by deputy clerks.

Related procedures

Similarly, these procedures often come up alongside it:

• Subpoena: a court command requiring a person — often a nonparty — to testify or produce documents.
• Motion to Quash or Modify a Subpoena: a request asking the court to cancel or narrow a subpoena.
• Requests for Production of Documents: requests that another party produce documents, electronically stored information or tangible things, or permit inspection.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on subpoena duces tecum (subpoena to produce documents). In states that number their rules like the federal rules, it is often the same rule number as the federal rule.