Subpoena

When the subpoena is used

Timing: during discovery and for 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

• Rule 45(a) sets out the required contents; Rule 45(c) sets geographic limits on the place of compliance.

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 online. Also, the federal judiciary publishes the current rules and recent amendments.

The subpoena 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 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:

• Subpoena: a court command requiring a person to appear and testify or to produce documents or things.
• Subpoena duces tecum: a subpoena that requires the person to produce documents or other things.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion to Quash or Modify a Subpoena: a request asking the court to cancel or narrow a subpoena.
• Depositions: questioning of a witness under oath, outside court, with a record made of the testimony.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.