To subpoena a police officer to testify, you need a subpoena ad testificandum issued by the court clerk (or signed by an attorney of record), filled in with the officer’s name, the case caption, and the exact date, time, and location of the appearance, then personally served by someone who is at least 18 and not a party to the case, along with the required witness fee and mileage at the moment of service. The mechanics differ slightly between federal and state court and between civil and criminal cases, but the sequence is the same: identify the right form, get it issued, serve it correctly with fees, and leave enough time for the officer to comply.
Pick the Right Type of Subpoena
A subpoena ad testificandum orders the officer to appear and give sworn testimony at a trial, hearing, or deposition. That is the document you want when the officer’s firsthand account of an arrest, traffic stop, or investigation matters to your case.
If you also want the officer to bring records (the incident report, body camera footage, dashcam video, dispatch logs, internal files), you need a subpoena duces tecum. The two can be combined in a single subpoena so the officer both appears and produces the materials.1United States Courts. Subpoena to Produce Documents, Information, or Objects in a Criminal Case If you only want testimony, keep it clean and skip the document request; broad document demands attached to a testimony subpoena tend to draw objections that slow the whole thing down.
Gather the Information You’ll Need
Fill nothing in until you have every detail. Errors on the face of a subpoena give the officer or the department a reason to challenge or ignore it.
Pull together:
- The officer’s full legal name and badge number. The incident or arrest report from your case usually has the badge number.
- The name of the court, the full case caption, and the case number.
- The exact date, time, and location where the officer must appear.
- If you’re also requesting documents, a precise description of each record by type, date range, and report or incident number. Vague requests like “all records related to the incident” invite objections.
For body camera or dashcam footage, include the date, approximate time, the officer’s name, and any location or call number you have. The tighter your description, the harder it is for the department to argue the request is overly broad.
Who Issues and Signs the Subpoena
Who signs the subpoena depends on whether you have a lawyer and which court you’re in.
In federal court, an attorney admitted to practice in the issuing court can issue and sign a subpoena directly. If you’re representing yourself, the court clerk issues it: the clerk signs and seals a blank subpoena form, and you fill in the details before serving it.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena The same clerk-issued process applies in federal criminal cases.3Legal Information Institute. Federal Rules of Criminal Procedure Rule 17 – Subpoena Most state courts follow a similar approach, requiring the clerk or judge to issue subpoenas when you don’t have an attorney.
Use the form designated for your specific court. The federal courts publish standardized subpoena forms on the U.S. Courts website.4United States Courts. Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action State courts typically make their forms available through the clerk’s office or the court system’s website. A subpoena on the wrong court’s form is not valid.
Federal Court, State Court, Civil, Criminal
Two rules to know before you finalize the appearance location.
In federal civil cases under Federal Rule of Civil Procedure 45, you can only compel an officer to attend a proceeding within 100 miles of where they live, work, or regularly do business.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena If the officer is stationed across the state from your courthouse, you may not be able to force their appearance without a court order.
In federal criminal cases under Federal Rule of Criminal Procedure 17, a witness can be required to attend from anywhere in the United States. Criminal defendants who cannot afford witness fees can also ask the court to issue subpoenas at government expense.3Legal Information Institute. Federal Rules of Criminal Procedure Rule 17 – Subpoena
State courts set their own geographic limits, service deadlines, and fee amounts, and the details vary widely. Always confirm the procedural rules for the specific court where your case is pending.
Witness Fees and Mileage
This is the requirement that catches people off guard. In federal court, you must tender witness fees and mileage at the time you serve a testimony subpoena. Not after the hearing. Not when the officer asks. At the moment of service.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena If you don’t tender fees, the officer has grounds to ignore the subpoena entirely.
The federal witness attendance fee is $40 per day.5Office of the Law Revision Counsel. 28 USC 1821 – Per Diem and Mileage Generally The officer is also entitled to mileage reimbursement at the rate set by the General Services Administration, which is 72.5 cents per mile for 2026.6GSA. GSA Bulletin FTR 26-02 If the officer needs an overnight stay, a subsistence allowance applies as well.
One exception: fees and mileage don’t need to be tendered when the subpoena is issued on behalf of the United States or a federal agency.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena Prosecutors and government attorneys are covered; everyone else should arrive at service with a check ready.
State witness fees vary dramatically. Daily rates range from under a dollar to nearly $100 depending on the state, case type, and whether the appearance is a half day or full day. Check your state’s rule before service so you tender the correct amount.
Serving the Officer
Who Can Serve
In federal civil and criminal cases, any person who is at least 18 years old and is not a party to the case can serve a subpoena.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena In criminal cases, a U.S. Marshal or deputy marshal can also serve.3Legal Information Institute. Federal Rules of Criminal Procedure Rule 17 – Subpoena Most state courts follow the same basic age and disinterested-party requirements, though some also allow service by sheriff’s deputies or other court officers.
Hiring a professional process server is usually worth it for a police officer. Officers work irregular shifts, and a process server knows how to track someone down who isn’t in an office from 9 to 5. Standard service typically runs between $45 and $150 depending on your location and the number of attempts needed. Rush or same-day service costs significantly more.
Where to Serve
Service generally requires delivering the subpoena directly to the named officer. In practice, many police departments have a legal affairs unit, court liaison office, or records division that handles incoming subpoenas. Some departments require service through that office. Others won’t accept service on behalf of an individual officer at all and insist on personal delivery.
Call the department’s legal or court liaison unit before you attempt service. Ask whether they accept service on behalf of officers, whether subpoenas should go to a specific address, and whether the department has any additional requirements. Some prohibit fax service and require hand delivery. Getting this wrong wastes time and can give the department an argument that service was defective.
Timing
Federal rules don’t set a specific number of days for advance notice. The standard is that a subpoena must allow “reasonable time to comply.” A subpoena that doesn’t give enough time can be quashed on that basis alone. For document subpoenas specifically, the recipient has 14 days after service to raise written objections.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena
State courts often set minimum notice periods. Requirements range from 24 hours to 14 days depending on the state and the type of subpoena. As a practical matter, serve as early as possible. Officers have shift schedules, vacation time, and other court obligations. A subpoena served two days before trial is asking for a motion to quash.
Proof of Service
After delivery, the person who served the subpoena must complete a proof of service (sometimes called an affidavit of service or return of service) recording when, where, and how the subpoena was delivered, and the identity of the person who received it. File the original with the court and keep a copy. Without it, you can’t prove the officer was properly served if a dispute comes up later.
If the Officer or Department Pushes Back
Police departments resist subpoenas more often than most people expect. The most common response is a motion to quash or modify. Under the federal rules, a court must quash or modify a subpoena that fails to allow reasonable compliance time, requires travel beyond the geographic limits, demands privileged or protected information, or imposes an undue burden.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena Overly broad document requests are the frequent target, which is another reason to keep a testimony subpoena focused on testimony.
An officer who simply ignores a valid subpoena without filing any objection faces contempt of court. In federal court, a judge can hold a witness in contempt for disobeying a subpoena without adequate excuse.1United States Courts. Subpoena to Produce Documents, Information, or Objects in a Criminal Case Courts usually hold a hearing first and, more often than not, issue an order to comply rather than jump to sanctions. The cleaner your subpoena on the front end, the less likely you are to need any of this. A properly drafted subpoena, personally served on the right person, with the correct fees tendered and enough lead time, is what makes an officer show up.