Subpoena
Subpoena Generator
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Signature Requirements
Attorney or Court Clerk Signature Required
A subpoena must be signed by an attorney of record or issued by the court clerk under court seal. Pro se parties must obtain clerk issuance. The subpoena has no legal effect without proper authorization.
Subpoena requirements vary by state and court. Federal subpoenas are governed by FRCP Rule 45. Check your jurisdiction's rules for required form, service methods, and fee amounts.
Sample Subpoena Generated by Legal Tank
Subpoena
Command to Appear/Produce
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.
Scope & Particularity
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.
Compliance & Objections
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.
Penalties for Non-Compliance
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.
What Is a Subpoena?
A subpoena is a court-authorized legal instrument that commands a person to appear at a specified time and place to give testimony, produce documents, or both. The term derives from the Latin sub poena, meaning "under penalty," reflecting the fact that failure to comply with a valid one can result in contempt of court sanctions including fines, arrest, and incarceration. In federal litigation, subpoenas are governed by Federal Rule of Civil Procedure (FRCP) Rule 45, which was substantially revised in 2013 to consolidate all subpoena-related provisions into a single rule and clarify the obligations of both issuing parties and recipients. State courts maintain their own subpoena rules, which vary in scope, service requirements, and enforcement mechanisms.
There are two primary categories of subpoena. A subpoena ad testificandum commands a witness to appear and give oral testimony at a deposition, hearing, or trial. A subpoena duces tecum commands the recipient to produce specified documents, electronically stored information (ESI), or tangible things for inspection and copying. In practice, a single document frequently combines both commands, requiring the witness to appear for testimony and bring designated materials. Under FRCP Rule 45(a)(1)(A)(iii), a subpoena must state the court from which it is issued, the title and civil action number of the case, and command attendance at a specific time and place. When the document commands production, it must describe the materials to be produced with reasonable particularity, a standard that requires enough specificity for the recipient to identify the requested items without guessing.
The geographic limitations on compliance are critically important and frequently misunderstood. Under FRCP Rule 45(c), a subpoena for testimony may command a person to attend a trial, hearing, or deposition only within 100 miles of where the person resides, is employed, or regularly transacts business, or anywhere within the state if the person is a party or a party's officer. For document-only subpoenas that do not require a personal appearance, the geographic limit does not apply and the subpoena may command production from anywhere. State courts generally limit subpoena power to within the state's borders, though the Uniform Interstate Depositions and Discovery Act (UIDDA), adopted by most states, provides a streamlined mechanism for domesticating out-of-state subpoenas. Understanding these limits is essential because a subpoena that exceeds geographic boundaries is unenforceable and may be quashed on motion.
Recipients of a subpoena have important legal rights, including the right to file a motion to quash or a motion to modify it under FRCP Rule 45(d)(3). Courts must quash or modify any such demand that fails to allow a reasonable time to comply, requires travel beyond the geographic limits, requires disclosure of privileged or protected matter without a waiver, or subjects the recipient to an undue burden. The issuing party must also take reasonable steps to avoid imposing undue burden or expense on the person subject to it, and the court must enforce this duty and may impose sanctions for violations. When such a demand commands production of documents from a non-party, the non-party is entitled to reasonable compensation for the costs of production in many jurisdictions.
Why You Need a Subpoena
You need testimony or documents from a non-party witness who is not obligated to cooperate voluntarily with your litigation. A subpoena is the only legal mechanism to compel a non-party to appear for a deposition or produce documents, and failure to comply exposes the recipient to contempt sanctions.
You are preparing for trial and need to ensure that critical witnesses actually appear on the scheduled date. Even friendly witnesses who have agreed to testify should be served with a trial subpoena because without one, there is no legal remedy if the witness fails to show up, potentially forcing a continuance or weakening your case.
You need to obtain business records, medical records, financial documents, or electronically stored information from a third-party custodian such as a bank, hospital, employer, or technology company. A subpoena duces tecum is the standard mechanism for compelling third-party document production during discovery.
Your case involves a corporate entity and you need testimony from the person or persons most knowledgeable about specific topics. A FRCP Rule 30(b)(6) deposition notice combined with a subpoena compels the corporation to designate and produce witnesses who can testify on the noticed topics, preventing the corporation from hiding behind claims that no single employee has complete knowledge.
Key Sections in a Subpoena
Court Identification and Case Caption
Every subpoena must identify the issuing court by its full name and jurisdiction, the complete case caption including all party names, and the civil action or case number. Under FRCP Rule 45(a)(2), a subpoena for attendance at a hearing or trial issues from the court where the action is pending, while a subpoena for attendance at a deposition issues from the court for the district where the deposition is to be taken. State court subpoenas must identify the specific county or district court and conform to local formatting requirements.
Command to Testify or Produce
The document must clearly state whether the recipient is commanded to appear for testimony (ad testificandum), produce documents (duces tecum), or both. For document production, it must describe the requested materials with reasonable particularity, broad requests for "all documents relating to" a topic may be challenged as overly burdensome. Specify date ranges, document types, custodians, and subject matter to satisfy the particularity standard and reduce the likelihood of objections.
Time, Date, and Location of Compliance
The subpoena must specify the exact date, time, and physical location where the recipient must appear or produce documents. For depositions, the location must fall within the geographic limits of FRCP Rule 45(c), generally within 100 miles of where the witness resides, works, or regularly conducts business. The subpoena must allow a reasonable time for compliance; serving a subpoena the day before a scheduled appearance is almost certain to be quashed as unreasonable.
Witness Fee and Mileage Information
Under FRCP Rule 45(b)(1) and 28 U.S.C. § 1821, a subpoena served on a non-party witness must be accompanied by the witness fee (currently $40 per day in federal court) and mileage allowance for travel to the place of compliance. Failure to tender the required fees at the time of service may render the subpoena unenforceable. State courts have their own witness fee schedules, which may differ significantly from the federal amount.
Notice to Other Parties
FRCP Rule 45(a)(4) requires that before serving a subpoena commanding production of documents, electronically stored information, or tangible things, the serving party must give notice to every other party in the case. This notice requirement ensures all parties have an opportunity to object to the discovery or inspect the produced materials. Failure to provide notice can result in sanctions and an order suppressing any materials obtained through the defective subpoena.
Rights of the Subpoena Recipient
The subpoena should include or be accompanied by information about the recipient's rights, including the right to object to the subpoena within 14 days of service (for document-only subpoenas under FRCP Rule 45(d)(2)(B)), the right to file a motion to quash or modify, and the right to assert privilege or work-product protection over specific documents. In many jurisdictions, a non-party recipient is also entitled to seek reimbursement for the reasonable costs of locating, reviewing, and producing responsive documents.
Subpoena Legal Requirements
Under FRCP Rule 45(a), a subpoena must issue from the court where the action is pending (for trial subpoenas) or from the court for the district where the deposition or production will occur. Any attorney authorized to practice in the issuing court may sign and issue a subpoena as an officer of the court.
FRCP Rule 45(b)(1) requires that a subpoena be served personally on the recipient by delivering a copy, along with the required witness fee and mileage. Service by mail is generally insufficient for federal subpoenas, though some state courts permit service by certified mail or even electronic service in certain circumstances.
The geographic limits of FRCP Rule 45(c) restrict where a witness may be required to attend: within 100 miles of where the person resides, is employed, or regularly transacts business in person; or anywhere in the state if the person is a party, party's officer, or is commanded to attend a trial.
FRCP Rule 45(d)(1) imposes an affirmative duty on the party or attorney responsible for issuing and serving a subpoena to take reasonable steps to avoid imposing undue burden or expense on the person subject to the subpoena. The court must enforce this duty and impose appropriate sanctions on a party or attorney who fails to comply.
Under FRCP Rule 45(d)(3), the court must quash or modify a subpoena that: fails to allow a reasonable time to comply; requires a person to comply beyond the geographic limits; requires disclosure of privileged or other protected matter if no exception applies; or subjects a person to undue burden.
When a subpoena commands production of documents or ESI, the recipient must produce materials as they are kept in the ordinary course of business or organize and label them to correspond to the categories in the demand, per FRCP Rule 45(d)(1)(A). Deliberately disorganizing materials to obstruct review can result in sanctions.
Common Subpoena Mistakes to Avoid
Issuing a subpoena that requires the witness to travel beyond the 100-mile geographic limit established by FRCP Rule 45(c). A subpoena commanding a non-party witness in Miami to appear for a deposition in New York is facially defective and will be quashed on motion, wasting time and money while alerting the opposing party to your discovery strategy.
Failing to serve the required witness fee and mileage allowance at the time of service. Under federal rules and most state rules, tender of the statutory witness fee is a prerequisite to enforceable service, a subpoena served without the fee can be ignored without consequence.
Describing requested documents too broadly, such as demanding "any and all documents relating to the subject matter of this litigation." Courts routinely quash or narrow subpoenas that fail the reasonable particularity standard. Specify date ranges, custodians, document types, and specific topics to withstand challenge.
Failing to provide notice to all other parties before serving a document subpoena on a non-party. Under FRCP Rule 45(a)(4), prior notice is mandatory, and the failure to give it can result in sanctions and suppression of the produced materials.
Serving a subpoena with insufficient lead time for the recipient to comply, review responsive documents for privilege, or file objections. Courts expect at least 14 days for document-only subpoenas and reasonable notice for testimony subpoenas. Last-minute subpoenas invite motions to quash.
Ignoring timely objections served by the subpoena recipient. Under FRCP Rule 45(d)(2)(B), if a non-party serves written objections within 14 days of service of a document subpoena, the serving party must move to compel production, the subpoena is effectively stayed until the court rules.
Attempting to use a subpoena to obtain information from a party to the litigation instead of using standard party discovery tools like interrogatories or requests for production. Subpoenas are designed for non-parties; party discovery has its own rules and procedures.
Frequently Asked Questions About Subpoenas
What is a subpoena?
What is the difference between a subpoena and a summons?
What happens if you ignore a subpoena?
How do I respond to a subpoena?
What is a subpoena duces tecum?
Can you object to a subpoena?
How is a subpoena served?
Does a subpoena require you to testify?
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