Subpoena Template

A Subpoena Template in the United States organises the details a party must supply for the purpose it serves.

The two principal forms of civil subpoena are the subpoena ad testificandum — commanding a witness to appear and give oral testimony at a trial, deposition, hearing, or other proceeding — and the subpoena duces tecum — commanding a person to produce specified documents, records, electronically stored information (ESI), or tangible objects. A combination subpoena compels both appearance and document production simultaneously.

In federal civil proceedings, subpoenas are governed by Rule 45 of the Federal Rules of Civil Procedure (FRCP). FRCP Rule 45(a)(1) requires that a subpoena state the court from which it is issued, the title of the action and its civil action number, the command to attend and testify or to produce, and the time, place, and manner of compliance. FRCP Rule 45(b) governs service — the subpoena must be personally served on the witness (or on a corporation's registered agent) and must be accompanied by the statutory witness fee and mileage allowance prescribed by 28 U.S.C. § 1821. Federal courts have territorial jurisdiction to command attendance of witnesses within 100 miles of the place of the proceeding, or within the state if the witness is a party or party's officer.

State court subpoenas are governed by each state's civil procedure rules. California Code of Civil Procedure sections 1985 through 1997.8 govern civil subpoenas in California courts, providing detailed rules for deposition subpoenas, business records subpoenas, and consumer records subpoenas under the California Right to Privacy protections. New York CPLR sections 2301 through 2308 govern New York subpoenas. Texas Rule of Civil Procedure 176 governs subpoenas in Texas state court proceedings. Each state's rules specify who may issue subpoenas (court clerk or attorneys), the form requirements, service methods, and geographic reach.

Subpoenas issued in federal administrative proceedings — before the Equal Employment Opportunity Commission, the National Labor Relations Board, the Securities and Exchange Commission, the Occupational Safety and Health Review Commission, or other federal agencies — are authorized by the Administrative Procedure Act (5 U.S.C. § 555(d)) and each agency's enabling statute. The geographic reach and enforcement of administrative subpoenas follows agency-specific rules rather than FRCP Rule 45.

Grand jury subpoenas — issued by a federal grand jury under Rule 17 of the Federal Rules of Criminal Procedure — are distinct from civil subpoenas and carry broader compulsion power, narrower grounds for challenge, and different secrecy obligations under Rule 6(e).

A US Subpoena is needed whenever a party to civil litigation requires testimony or documentary evidence from a person or entity that is not a party to the lawsuit and will not voluntarily cooperate with discovery or trial preparation requests.

Plaintiffs and defendants in civil litigation — including breach of contract cases, personal injury claims, employment discrimination cases, business disputes, and real estate litigation — issue subpoenas to obtain documents from banks, employers, healthcare providers, phone carriers, and other third parties who hold records relevant to the claims or defenses at issue. Under FRCP Rule 45, a party may subpoena documents from any non-party custodian within the territorial reach of the issuing court.

Attorneys taking depositions of third-party witnesses — witnesses who are not parties to the lawsuit — use subpoena ad testificandum to compel the witness's attendance at the deposition location. FRCP Rule 30 authorizes depositions of any person, but third parties are not obligated to appear voluntarily; a subpoena is required to compel attendance. California Code of Civil Procedure section 2020.010 requires a deposition subpoena for any deponent who is not a party to the action.

Parties seeking business records from financial institutions, telecommunications carriers, medical providers, and other record custodians issue subpoena duces tecum — or, in California, a business records deposition subpoena under CCP section 2020.410 — directing the custodian to produce records without requiring the custodian's personal appearance. Many record custodians comply by providing a business records declaration under Federal Rule of Evidence 902(11) or the equivalent state rule.

Small claims court plaintiffs and pro se litigants in general civil cases may also issue subpoenas to compel third-party document production or witness testimony. California small claims court allows parties to issue subpoenas under CCP section 116.340. New York small claims court authorizes subpoenas under UCCA section 1804.

Employers defending against EEOC charges, NLRB unfair labor practice charges, or state labor agency investigations receive administrative subpoenas from the relevant agency and may also issue subpoenas to third parties through the agency's processes. The EEOC may issue subpoenas under 42 U.S.C. § 2000e-9 to compel production of records relevant to a pending charge of discrimination.

A US Subpoena must contain specific required information under FRCP Rule 45 or the applicable state civil procedure rules to be valid and enforceable.

The court identification and case caption section states the name of the issuing court (including the district and division for federal courts), the full case caption (plaintiff v. defendant), and the civil action number assigned by the court clerk. These elements tie the subpoena to the specific pending proceeding that authorizes its issuance — a subpoena not connected to a pending proceeding is legally invalid and subject to immediate quashing.

The witness identification section states the full name of the individual or entity being commanded to comply. For individuals, this is the legal name and, where known, the address. For corporations, partnerships, LLCs, or other entities, the subpoena should name the entity and direct compliance through its registered agent or a designated representative with knowledge of the relevant records. FRCP Rule 30(b)(6) provides a mechanism for deposing a corporate entity by naming the entity and identifying the topics about which testimony is sought, with the entity then designating a representative.

The command section is the operative core of the subpoena. For a subpoena ad testificandum, the command directs the witness to appear at a specified date, time, and location to give testimony. For a subpoena duces tecum, the command directs the witness to produce specified documents or tangible things at a specified date, time, and location — or, for a documents-only subpoena, by a specified production deadline without requiring personal appearance. The command must be specific enough to identify the subject matter of the required testimony or documents; vague commands are subject to challenge as facially overbroad.

The document schedule for a subpoena duces tecum lists with particularity the categories of documents, records, or ESI to be produced. FRCP Rule 45(a)(1)(A)(iii) requires the subpoena to describe the items to be produced or inspected with reasonable particularity. The schedule should specify the date range of responsive documents, the form in which ESI must be produced (native format, PDF, TIFF), and any custodian or subject matter identifiers. Overly broad document schedules — such as 'all documents relating to any transaction with the plaintiff' — are routinely challenged as unduly burdensome under FRCP Rule 45(d).

The witness fee and mileage tender must accompany service of a subpoena requiring personal appearance at a federal court proceeding. Under 28 U.S.C. § 1821, federal court witnesses are entitled to $40 per day of attendance plus mileage at the federal rate. Failure to tender the required fees at the time of service invalidates the subpoena and is grounds for a motion to quash under FRCP Rule 45(d)(3)(A). State courts have varying witness fee requirements — California Code of Civil Procedure section 1986.5 requires a fee of $35 per day for deposition witnesses.

The objection and compliance deadline section states the date by which the witness must comply (appear or produce documents) and informs the witness of the right to object or move to quash. FRCP Rule 45(d)(2)(B) requires a party served with a subpoena duces tecum to serve written objections before the earlier of the time specified for compliance or 14 days after service. A motion to quash or modify under FRCP Rule 45(d)(3) must be filed in the court that issued the subpoena before the compliance deadline. The subpoena should advise the witness of these rights — though failure to do so does not automatically invalidate the subpoena, it protects the issuing party against sanctions for failure to avoid undue burden under Rule 45(d)(1).