Subpoena Template – Free Download 2026

TO: [Name of Person/Custodian of Records], [Address]: YOU ARE HEREBY COMMANDED, pursuant to [Rule 45 of the Federal Rules of Civil Procedure / applicable state subpoena statute] and the authority of the [United States District Court for the ____________ District of ____________ / ____________ Court of the State of ____________], in the matter of [Case Name], Case No. [____________], to [appear and testify at a deposition to be held on [____________] at [____________] a.m./p.m. at the offices of [____________] located at [____________] / produce and permit inspection and copying of the documents and electronically stored information described in the attached Exhibit A at [____________] on [____________] by [____________] a.m./p.m.]. Failure to comply with this Subpoena may subject you to the penalties described herein.

If you are commanded to appear and testify, you are required to appear in person at the time and place specified, to be examined under oath by counsel of record, and to bring with you all documents, electronically stored information, and tangible things identified in any attached Exhibit A. If you are an organization, you are required to designate one or more officers, directors, managing agents, or other persons who consent to testify on your behalf concerning the matters described in the attached Schedule of Topics, and to state, for each person designated, the matters on which that person will testify. The deposition will be recorded by [stenographic / videographic / audiovisual] means.

For purposes of this Subpoena, the following definitions apply: (a) "Document" means any writing, recording, or photograph as defined in Rule 1001 of the Federal Rules of Evidence, and includes electronically stored information ("ESI") in any format in which it is ordinarily maintained or can be reasonably translated, including emails, text messages, instant messages, social media communications, databases, spreadsheets, and metadata; (b) "You" and "Your" mean the person or entity to whom this Subpoena is directed, including all agents, employees, representatives, and attorneys acting on your behalf; (c) "Concerning" means relating to, referring to, reflecting, describing, evidencing, or constituting.

The documents and testimony requested in this Subpoena are relevant to the claims and defenses in the above-captioned action and are proportional to the needs of the case considering the importance of the issues at stake, the parties' relative access to relevant information, the parties' resources, and the importance of the discovery in resolving the issues. Each request shall be construed to include all documents and ESI within your actual or constructive possession, custody, or control, including documents and ESI held by your agents, attorneys, accountants, or any other person or entity acting on your behalf. Documents shall be produced in the order in which they are maintained in the ordinary course of business and shall not be shuffled, rearranged, or separated from any file folder or other organizational unit in which they are ordinarily maintained.

You may object to any request in this Subpoena by serving written objections on the issuing party's counsel at the address below no later than [____] days before the compliance date, or by the date specified in [Rule 45(d)(2)(B) / applicable state rule] if earlier. Objections must state with specificity all grounds for objection; general or boilerplate objections are improper and shall be deemed waived. If you timely serve objections, you must still comply with any non-objected-to portions of this Subpoena and must identify any documents withheld on the basis of privilege or work product protection in a privilege log served concurrently with your objections, identifying for each withheld document: the date, author, recipients, general subject matter, and the privilege(s) asserted.

You are advised that you have the right to retain counsel and to seek a court order quashing or modifying this Subpoena if compliance would require disclosure of privileged or protected material and no exception or waiver applies, would subject you to undue burden, would require disclosure of a retained expert's opinions, would require a person to travel more than 100 miles from where that person resides, is employed, or regularly transacts business in person (except within the state), or if the Subpoena otherwise fails to comply with the requirements of [Rule 45 / applicable state rule]. Any motion to quash or modify must be filed before the compliance date or within [____] days of service of this Subpoena.

FAILURE TO OBEY THIS SUBPOENA WITHOUT ADEQUATE EXCUSE MAY SUBJECT YOU TO CONTEMPT OF COURT. The court issuing this Subpoena may hold in contempt any person who, having been served, fails without adequate excuse to obey the Subpoena or an order related to it. Contempt sanctions may include a fine, imprisonment, or both. In addition, the issuing party may seek an order compelling compliance, and the court may award reasonable attorneys' fees to the issuing party if it determines that your non-compliance was without adequate justification.