District court — civil · Discovery
Subpoena (Rule 45)
Commands a nonparty to testify, produce documents or permit inspection.
Filed by: Any party (issued by attorney or clerk) · Served on the parties, not filed with the court.
Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.
What it must include
- Court, title of the action and case number; command; text of FRCP 45(d)–(e) (FRCP 45(a)(1))
- Signed by the clerk or an attorney authorized to practice in the issuing court (FRCP 45(a)(3))
- Notice and a copy to every party before serving a documents subpoena (FRCP 45(a)(4))
- Witness fees and mileage tendered for attendance (FRCP 45(b)(1))
- Uses form AO 88 / 88A / 88B
Governing rules
- FRCP 45
Check the local rules for
- Compliance-district rules when the subpoena is enforced elsewhere (FRCP 45(c), (d)(3))
Applies in federal district courts. Find your court for its local requirements.
Other discovery
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Track the deadline, service and filing checklist alongside the rest of the matter.