How to Fill Out and Serve a Subpoena Correctly

To fill out and serve a subpoena in federal civil court, choose the correct AO form for the kind of compliance you need, complete every field accurately, have it issued by an attorney or the court clerk, and then have a qualified adult who is not a party personally deliver it to the recipient along with the required witness fees. Federal Rule of Civil Procedure 45 governs each of these steps, and a subpoena that skips any of them can be challenged and thrown out before it produces a single document or witness.

Pick the Right Form First

A subpoena “ad testificandum” orders a person to appear and give sworn testimony. A subpoena “duces tecum” orders a person or organization to produce specific documents, records, or other tangible evidence. Some situations call for both, when you need a witness to show up with particular records in hand.

Federal courts publish separate standardized forms for each purpose. Form AO 88 covers testimony at a trial or hearing, AO 88A covers deposition testimony, and AO 88B covers document production and premises inspections. You can download them from the federal judiciary’s website or pick them up at any court clerk’s office.¹

State courts use their own forms and their own procedural rules, which often differ from the federal process. If your case is in state court, check that court’s website or clerk’s office before doing anything else.

Gather Your Information Before You Write

Collect everything before you start filling in blanks. Mistakes at this stage ripple through the rest of the process.

The full case name, the court where the case is pending, and the assigned case number.
The full legal name and current address of the person being subpoenaed. If you are subpoenaing an organization rather than a specific individual, identify a custodian of records or an officer who can respond on the entity’s behalf.
The exact date, time, and location where testimony will be given or documents must be produced.
For document subpoenas, a clear and specific list of the items you need. Vague requests invite objections. “All medical records for John Smith from January 2023 through December 2025” works. “Any relevant documents” does not.
The name, address, and phone number of the attorney or self-represented party issuing the subpoena.

Filling Out the Form

Start with the caption at the top: court name, full case name, and case number. That header connects the subpoena to your lawsuit. Then fill in the recipient’s full name and address.

The command section is where precision matters most. For a testimony subpoena, specify the exact date, time, and location of the appearance. For a document subpoena, list each category of records along with the deadline and location for production. If you need electronically stored information such as emails or database records, you can specify the format you want them produced in. If you do not specify a format, the recipient may produce the information in whatever form they ordinarily maintain it, or in any reasonably usable form.²

Double-check every date and name. A subpoena with the wrong hearing date or a misspelled name gives the recipient easy grounds to challenge it.

Getting the Subpoena Issued

A completed form is not yet a valid legal instrument. It has to be issued.

If you are represented by a lawyer, your attorney can both issue and sign the subpoena directly, as long as they are authorized to practice in the issuing court. If you are proceeding pro se, you request the subpoena from the court clerk. The clerk issues it with the clerk’s signature and leaves the rest blank for you to complete before service.² Pro se parties do not sign the subpoena themselves in federal court.

Once it is issued, make at least three copies: one for the recipient, one to file with the court as proof of service, and one for your own records. If you are requesting documents, attach the detailed list of requested items to each copy.

Witness Fees and Mileage

This step catches most people off guard. When a federal subpoena requires someone to appear in person, you must include payment for one day’s attendance and travel mileage at the time of service. Skip this and service is defective. The witness has no obligation to show up.²

The standard federal witness attendance fee is $40 per day.³ Mileage is reimbursed at the rate the General Services Administration sets for privately owned vehicle travel, which is 72.5 cents per mile for 2026.⁴ 28 U.S.C. § 1821 ties witness travel reimbursement to that GSA allowance.

Calculate mileage on the round-trip distance the witness would travel. For a witness who lives 30 miles from the courthouse, you would tender $40 plus $43.50 in mileage (60 miles × $0.725), totaling $83.50. Bring a check or money order made out to the witness. The one exception is that the U.S. government does not have to tender fees when it issues a subpoena on its own behalf.²

State courts set their own witness fees, and they are often lower than the federal rate. Many states pay between $5 and $35 per day. Check your court’s local rules for the exact amount.

Geographic Limits on Compliance

You cannot subpoena someone across the country and expect them to comply. Rule 45 caps where a person can be compelled to appear or produce documents:

Testimony at trial, hearing, or deposition: the location must be within 100 miles of where the person lives, works, or regularly conducts business in person.
Document production: the production location must also be within 100 miles of where the person lives, works, or regularly conducts business.
Party witnesses or trial attendance: a party or a party’s officer can be compelled to attend anywhere within the state where they reside or work, even beyond 100 miles. Non-party witnesses can also be compelled to attend trial beyond 100 miles but within their home state, as long as they would not incur substantial expense.

A subpoena that violates these limits is subject to being quashed.² If you need testimony from someone who lives far away, a deposition closer to their location is usually the practical alternative.

Serving the Subpoena

Serving a subpoena means physically delivering it to the recipient. Federal rules require the server to be at least 18 years old and not a party to the case. You cannot serve it yourself if you are a plaintiff, defendant, or otherwise involved in the lawsuit.²

Common options include hiring a professional process server, asking the local sheriff’s office, or having any qualified adult do it. Professional process servers typically charge between $20 and $100 per job, depending on location and how hard the recipient is to find. A friend or colleague who meets the age and non-party requirements can serve the subpoena at no cost.

How to Deliver It

In federal court, service requires delivering a copy directly to the named person. The rule uses the word “delivering,” which courts generally interpret as personal, in-hand service. Some state courts allow alternative methods such as certified mail with return receipt, but do not assume this is acceptable unless your court’s rules specifically permit it. When in doubt, personal delivery is the safe choice.

How Much Notice to Give

Federal rules do not set a specific minimum number of days between service and the compliance date. The standard is “reasonable time to comply.” A subpoena served the day before a scheduled appearance is almost certainly unreasonable and will be quashed if challenged.² As a practical matter, serving at least two to three weeks before the compliance date gives the recipient enough time to prepare and avoids timing objections.

Proof of Service

After delivering the subpoena, the server must prepare a proof of service statement recording the date and method of service, the name of the person served, and the server’s certification. File it with the court that issued the subpoena. Without it, you have no way to prove the recipient was properly notified, which matters if they fail to appear and you need to pursue enforcement.²

How Recipients Can Push Back

Issuing a subpoena does not guarantee compliance. Recipients have two main tools to challenge one, and understanding both helps you draft something that holds up.

A person commanded to produce documents can serve a written objection on the party who issued the subpoena. The objection must arrive before the earlier of the compliance deadline or 14 days after service. Once served, production stops until the issuing party gets a court order compelling compliance or the two sides work it out.²

A recipient can also file a motion to quash or modify the subpoena. Under Rule 45, the court must grant that motion if the subpoena:

Fails to allow a reasonable time to comply
Requires compliance beyond the geographic limits above
Seeks privileged or otherwise protected information with no applicable exception or waiver
Imposes an undue burden on the recipient

The motion must be filed in the court for the district where compliance is required, and it should be filed before the compliance date.² A recipient who has been properly served and simply ignores the subpoena without a valid excuse can be held in contempt of court.

1
United States Courts. Forms
2
Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena
3
Office of the Law Revision Counsel. 28 U.S. Code 1821 – Per Diem and Mileage Generally; Subsistence
4
U.S. General Services Administration. GSA Bulletin FTR 26-02 – Calendar Year (CY) 2026 Privately Owned Vehicle (POV) Mileage Reimbursement Rates