Yes — if you’re a party to a lawsuit and received a notice of deposition, or you’re a non-party who was properly served with a subpoena, you have to go to the deposition. Skipping it can lead to contempt of court, monetary sanctions, or even dismissal of your case.1Legal Information Institute. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination The specifics of what compels you, and what it costs you to ignore that command, turn on whether you’re a party or a witness.
Party or Non-Party: Different Rules for Each
If you’re a plaintiff, defendant, or an officer of a company that’s a party to the suit, the opposing side only needs to send you a written notice stating the time and place. No subpoena is required.1Legal Information Institute. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination Ignoring that notice carries the same weight as ignoring a court order.
If you’re not a party — a witness, a records custodian, or someone who happened to see something relevant — the only way you can be compelled to attend is through a subpoena issued under Rule 45 of the Federal Rules of Civil Procedure.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena Without a properly served subpoena, a non-party has no obligation to show up. A phone call, a voicemail, or a letter from an attorney asking you to appear is a request, not a legal command.
What Makes a Subpoena Actually Binding
Not every document labeled “subpoena” binds you. A valid federal subpoena has to identify the issuing court, name the case and docket number, specify the date, time, and place, and describe any documents you’re required to bring. It must also include the text of Rule 45(d) and (e), which explain your rights. A deposition subpoena has to state how the testimony will be recorded — audio, video, or stenographic.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena
Service matters just as much as content. The subpoena must be personally delivered to you by someone who is at least 18 and not a party to the case. At the moment of delivery, the person serving you also has to tender one day’s attendance fee plus mileage.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena If you never received the subpoena in person, or the serving party skipped the fee, you may have grounds to challenge enforcement. State rules vary, so check your jurisdiction if you’re in state court.
How Far You Can Be Forced to Travel
You can’t be dragged across the country. A subpoena can only compel a non-party to appear within 100 miles of where they live, work, or regularly do business in person.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena If the deposition is set beyond that radius, you have a strong basis to push back.
Parties and their officers face a broader reach. They can be compelled to appear anywhere within the state where they live, work, or regularly conduct business.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena The 100-mile limit still applies to parties when the deposition would fall outside their home state.
Remote depositions by video conference are now common. When the court authorizes remote testimony, the “place of compliance” is wherever you sit down in front of the camera, which usually keeps you well within the geographic limits.
What Happens If You Don’t Show Up
The consequences split sharply along the party/non-party line.
If You’re a Non-Party Witness
If you ignore a valid subpoena, the attorney who issued it can ask the court for a contempt finding. A person held in contempt for failing to obey a subpoena without adequate excuse faces potential fines or jail time.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena Before it gets there, the court will usually issue an order compelling you to appear. Defying that order is where the real trouble starts.
If You’re a Party to the Lawsuit
The consequences for a party who refuses to attend their own deposition can effectively end the case. Under Rule 37, the court can impose any of the following sanctions:3Legal Information Institute. Federal Rules of Civil Procedure Rule 37 – Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
- Treating the opposing party’s version of disputed facts as established.
- Barring you from presenting certain evidence or arguments at trial.
- Striking part or all of your complaint or answer.
- Dismissing the case if you’re the plaintiff, or entering default judgment against you if you’re the defendant.
On top of those sanctions, the court must order the non-compliant party or their attorney to pay the other side’s reasonable expenses, including attorney’s fees, unless the failure was substantially justified.3Legal Information Institute. Federal Rules of Civil Procedure Rule 37 – Failure to Make Disclosures or to Cooperate in Discovery; Sanctions That cost alone can run into thousands of dollars. And a pending objection to the deposition questions is not a pass to stay home. You still need to show up while the objection is being resolved.
How to Push Back If You Can’t or Shouldn’t Go
Receiving a subpoena doesn’t leave you without options. Several mechanisms let you narrow, delay, or eliminate your obligation to appear.
Motion to Quash or Modify
A court must quash or modify a subpoena if it fails to allow reasonable time to comply, exceeds the geographic limits, demands privileged material, or imposes an undue burden. “Undue burden” is context-dependent. A subpoena asking a small business owner to close their shop for a day to answer questions tangentially related to someone else’s lawsuit would likely qualify. The motion has to be filed promptly. For document requests specifically, a written objection must be served before the compliance deadline or within 14 days of receiving the subpoena, whichever comes first.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena
Protective Orders
If the deposition itself is legitimate but the scope or circumstances are problematic, you can ask the court for a protective order. Courts can limit what topics get covered, change the time or location, require the deposition to be conducted remotely, or restrict who can access the transcript. To get one, you generally need to show that the deposition as noticed would cause unreasonable annoyance, expense, embarrassment, or disadvantage.
Severe Hardship
Serious health problems, a family emergency, or other extraordinary circumstances can justify postponing or canceling. You’ll need real evidence — a doctor’s note, hospital records, or similar documentation. “I’m too busy” or “it’s inconvenient” will not work. If the court finds the hardship credible, it will typically reschedule rather than permanently excuse you.
What You’re Owed for Showing Up
If you’re subpoenaed as a non-party in federal court, you’re entitled to an attendance fee of $40 per day, including travel days.4Office of the Law Revision Counsel. 28 USC 1821 – Per Diem and Mileage Generally; Subsistence You’re also reimbursed for mileage if you drive, at the rate set by the General Services Administration, currently $0.725 per mile for 2026.5General Services Administration. Privately Owned Vehicle (POV) Mileage Reimbursement Rates If you use public transportation or fly, you’re reimbursed for the actual cost of the most economical option reasonably available.
The party issuing the subpoena has to tender one day’s attendance fee and mileage at the time of service, not afterward.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena If they didn’t include that payment when they handed you the paperwork, that’s a procedural defect you can raise. The one exception: subpoenas issued on behalf of the federal government don’t require upfront fee tender. State court witness fees vary widely, from under a dollar to nearly $100 per day depending on the jurisdiction.