To fill out Form AO 88B, the federal subpoena for producing documents or permitting inspection of premises in a civil action, you complete the court caption and case number, name the non-party recipient, describe the materials or property with specificity, set a compliant place and date for compliance, and sign as the issuing attorney. The form is a fillable two-page PDF from the U.S. Courts website, with a third page of required Rule 45 notices already printed on it.1United States Courts. Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action Any attorney authorized to practice in the issuing court can sign and issue it without a judge’s approval.
What the Form Commands
AO 88B directs a non-party to hand over evidence or open a location for inspection. It has two separate command sections on page one. The first commands production of documents, electronically stored information, or tangible objects. The second commands entry onto designated premises so the requesting party can inspect, measure, photograph, or test. Check whichever applies; both can appear in the same subpoena if the case calls for it.2United States Courts. Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
Form AO 88B is not the form for testimony. A subpoena commanding a witness to appear and testify uses Form AO 88A. If your case needs both live testimony and documents from the same non-party, that is two forms, not one.
Filling In Page One
Court and Case Caption
At the top, enter the full name of the United States District Court and the district where the case is pending, for example, “Southern District of New York.” Fill in the case caption with the plaintiff’s name versus the defendant’s name, and the civil action number the clerk assigned when the case was filed.2United States Courts. Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
The Recipient
The “To” line takes the full legal name of the person or entity you are directing the subpoena to. For a business, use its registered legal name rather than a trade name or abbreviation. Getting this wrong is one of the easiest ways to invite a challenge to service.
The Production Command
This is the substantive core of the form. Describe the documents, electronically stored information, or objects you want with enough specificity that the recipient knows exactly what to gather. Vague language like “all relevant documents” invites objections and delays. Identify categories instead: “all invoices issued to [Company] between January 1, 2024 and December 31, 2025,” or “complete server access logs for the domain xyz.com for the month of March 2025.” Then fill in the place where production should occur and the date and time for compliance.
The compliance place is not a free choice. Under Rule 45(c)(2), document production must occur within 100 miles of where the recipient lives, works, or regularly transacts business in person.3Cornell Law Institute. Federal Rules of Civil Procedure Rule 45 If your case is in Los Angeles but the non-party is in Denver, the production address you write goes within 100 miles of Denver. Remote video technology does not stretch this limit; the physical location of compliance is what matters. A subpoena that violates the geographic limits must be quashed on a timely motion.
The Inspection Command
If you need entry onto property instead of, or in addition to, receiving documents, complete the second command section. Identify the premises by address and describe what you intend to do there: inspect, measure, photograph, test, or sample. Fill in the date and time for entry. For premises inspections the compliance location is simply the premises themselves, so the 100-mile rule is not in play the same way.
Date, Signature, and Attorney Information
At the bottom of page one, enter the date of issuance. The signature line has two options: the clerk of court signs, or the attorney representing the requesting party signs. In practice, attorneys almost always sign their own subpoenas. Below the signature, fill in the attorney’s name, address, email, and telephone number, and identify which party the attorney represents.2United States Courts. Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
Page Two: Leave Proof of Service Blank
Do not fill out page two when you prepare the subpoena. The person who delivers the subpoena completes it after service. It records the date the server received the subpoena, how and when it was delivered, the amount of any witness fees tendered, and the server’s own fees for travel and service. The server signs a declaration under penalty of perjury that the information is true.2United States Courts. Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
Filing the completed proof of service with the court is not automatic. Rule 45(b)(4) requires filing only when necessary, which in practice means when you need to prove service to enforce the subpoena.3Cornell Law Institute. Federal Rules of Civil Procedure Rule 45 Keep the signed original in your file regardless. If the recipient ignores the subpoena, that document is the foundation of any motion to compel or contempt request.
Page Three: Rule 45 Notices Are Already There
Rule 45 requires every subpoena to include the full text of subsections (d) and (e), which spell out the recipient’s protections and duties.3Cornell Law Institute. Federal Rules of Civil Procedure Rule 45 The official AO 88B form already includes that text on the final page, along with subsections (c) and (g). You do not attach anything separately as long as you use the standard form. This is the main reason to download the current PDF from the U.S. Courts site rather than a third-party template.
Notify Other Parties Before You Serve
Before the subpoena reaches the non-party, every other party in the lawsuit must receive a copy of it along with a notice of your intent to serve. Rule 45(a)(4) is explicit that the notice and copy must reach all parties before service on the recipient.3Cornell Law Institute. Federal Rules of Civil Procedure Rule 45 This lets opposing counsel object to overreaching or privileged requests. Skipping the step gives the other side grounds to challenge the subpoena as improperly issued, and courts have sanctioned attorneys who ignored the requirement.
Serving the Subpoena
Service means physically delivering a copy to the named recipient. Rule 45(b)(1) requires personal delivery; mail and email do not count.3Cornell Law Institute. Federal Rules of Civil Procedure Rule 45 The server must be at least 18 years old and cannot be a party to the case.
For a business, delivery typically goes to an officer, a managing agent, or any person authorized to accept service on behalf of the entity. This mirrors the service rules for summonses under Rule 4(h), though some courts accept delivery to any employee at the business address for subpoena purposes.
When Witness Fees Get Tendered
Witness fees are required only when the subpoena demands the recipient’s personal attendance, such as appearing in person at a specific location to hand over documents. When personal attendance is commanded, the server tenders one day’s attendance fee plus mileage at the moment of delivery. The attendance fee is $40 per day under federal statute, and mileage follows the rate the General Services Administration prescribes for federal employee travel.4Office of the Law Revision Counsel. 28 USC 1821 – Per Diem and Mileage Generally
When the subpoena only commands the recipient to mail or deliver documents to a specified location without personally attending, no fee tender is required. Subpoenas issued on behalf of the United States or its agencies are also exempt from the fee requirement.3Cornell Law Institute. Federal Rules of Civil Procedure Rule 45
Drafting to Avoid Undue Burden
Rule 45 requires the attorney issuing a subpoena to take reasonable steps to avoid imposing undue burden or expense on the recipient.3Cornell Law Institute. Federal Rules of Civil Procedure Rule 45 That obligation shapes how you fill in the production command. Keep the categories narrow, the date ranges tight, and the custodians or systems specified where you can. Overbroad demands that force the recipient to sift through years of records invite objections, motions to quash, and cost-shifting orders that put your client on the hook for the non-party’s compliance expenses.
Where to Get the Form
Form AO 88B is available as a free fillable PDF from the U.S. Courts website.1United States Courts. Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action Type into the fields on screen, then print for signature and service. Some district courts also provide blank copies through the clerk’s office. Use the official version so the Rule 45 text on the final page is current and complete.