The U.S. district court subpoena form is the AO 88 series published by the Administrative Office of the U.S. Courts, and choosing the right version, filling it in correctly, and serving it under Federal Rule of Civil Procedure 45 are what make it enforceable. Get any of those pieces wrong and a court is required to quash the subpoena, no matter how important the testimony or documents are to your case.
Pick the Right AO 88 Version
There are three official forms, and each one does a different job.1United States Courts. Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action
- AO 88 compels a person to appear and testify at a hearing or trial.
- AO 88A compels a person to appear and testify at a deposition.
- AO 88B compels production of documents, electronically stored information, or tangible items, or permits inspection of premises.2United States Courts. AO 88B – Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
One subpoena can do more than one thing. An AO 88 or AO 88A can command testimony and require the witness to bring specific documents to the deposition or hearing.3Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena Blank copies are available on the U.S. Courts website or from the clerk’s office at any district court.
Who Signs and Issues the Subpoena
An attorney authorized to practice in the court where the case is pending can sign and issue a federal subpoena directly, without the clerk’s involvement. A self-represented litigant cannot. If you are proceeding pro se, you have to ask the clerk of court to issue a signed subpoena, and then you fill in the details before service.3Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena
Whoever issues the subpoena is personally responsible for making sure it does not impose an undue burden on the person receiving it. A court can order the issuing attorney or party to pay the recipient’s lost earnings and attorney’s fees if it does.4Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena – Section: Protecting a Person Subject to a Subpoena; Enforcement
Filling Out the Form
Start at the top with the case caption. Copy the full name of the court, the case title, and the civil action number exactly as they appear on other filings in the case. Any variation invites confusion at the clerk’s office.
Next, put the issuing attorney’s name, address, and phone number in the appropriate block. If the clerk is signing for a pro se party, that party’s contact information still goes there.
The command section is where subpoenas most often fall apart. For testimony, state the exact date, time, and street address where the witness must appear. For document production, describe each category of documents or information with enough specificity that the recipient can identify what to gather, and set a clear deadline. Sweeping language like “all documents relating to the matter” draws objections and rarely survives a challenge.
Every federal subpoena must include the text of Rule 45(d) and (e), which lay out the recipient’s protections and duties.2United States Courts. AO 88B – Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action The official AO 88 forms come with this language pre-printed on the second page, so if you use the standard form, you are already covered.
Geographic Limits You Have to Respect
Federal subpoenas cannot be used to drag a non-party across the country. Courts have no discretion on this point: they are required to quash a subpoena that exceeds the geographic boundaries.5Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena – Section: Quashing or Modifying a Subpoena
p>For testimony at a trial, hearing, or deposition, you can only compel a non-party to appear at a place within 100 miles of where they live, work, or regularly transact business in person.6Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena – Section: Place of Compliance A narrow exception applies to a party or a party’s officer, who can be required to attend a trial anywhere within the state where they live or work, provided that would not cause substantial expense.
For a document-only subpoena, the place of production must also be within 100 miles of where the recipient lives, works, or regularly does business. Inspection of physical property is different: it happens at the property itself, wherever that is.6Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena – Section: Place of Compliance
Serving the Subpoena
A subpoena has no legal force until it is properly served. The server must be at least 18 years old and cannot be a party to the lawsuit.3Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena Service means physically handing a copy of the completed subpoena to the named recipient. Mailing it, leaving it at the door, or emailing it does not count. When the recipient is a business or organization, delivery has to go to an officer, managing agent, or other person authorized to accept legal process for the entity.
Witness Fees and Mileage
When a subpoena commands a person to appear and testify, you must hand over the required witness fees at the moment of service. Promising to pay later makes the service defective.
The payment has two pieces. The statutory attendance fee is $40 per day.7Office of the Law Revision Counsel. 28 USC 1821 – Per Diem and Mileage Generally Mileage covers the round trip at the rate the General Services Administration sets for federal employee travel; as of January 2026, that rate is 72.5 cents per mile.8General Services Administration. Privately Owned Vehicle (POV) Mileage Reimbursement Rates If the witness travels by public transit or air, you reimburse the actual expense instead. A subpoena that only requires document production does not require tendering witness fees at service.
Notice to the Other Parties First
Before you serve a pre-trial subpoena for documents, electronically stored information, or property inspection, you have to send a copy of the subpoena and a notice to every other party in the case.3Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena The notice goes to the parties, not to the subpoena recipient, and it must happen before the recipient is served. Skip this step and the other parties get grounds to challenge whatever you obtain.
Proof of Service
After delivery, the server prepares a written statement identifying the person served and recording the date and method of service, then certifies it. You do not have to file proof of service with the court automatically; you file it only if compliance is disputed or the court asks for it.9Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena – Section: Proof of Service Prepare it right away and keep it in the case file anyway; if the recipient later claims they were never served, that certification is what you need.
Redact Personal Information Before Production Changes Hands
Documents produced in a federal case have to comply with Federal Rule of Civil Procedure 5.2. Certain personal identifiers must be redacted before any filing or production:
- Social Security numbers: last four digits only.
- Financial account numbers: last four digits only.
- Dates of birth: year only.
- Names of minor children: initials only.10Legal Information Institute. Federal Rules of Civil Procedure Rule 5.2 – Privacy Protection for Filings Made with the Court
These requirements apply whether or not the subpoena mentions them. If you are the one issuing the subpoena, flag the rule in your cover letter so the recipient knows to redact. If you are the recipient, review every page before handing anything over. Producing unredacted materials can expose you to sanctions and cause real harm to the people whose information is disclosed.
What a Recipient Can Do Back
A subpoena you issue does not automatically produce documents or a witness. The recipient has options built into Rule 45, and knowing them helps you draft a subpoena that will not be tossed.
For a production subpoena, the recipient can serve a written objection on the issuing attorney. The objection has to arrive before the earlier of the compliance date or 14 days after service.4Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena – Section: Protecting a Person Subject to a Subpoena; Enforcement A timely objection pauses the obligation to produce anything. To get compliance after that, you have to go to a judge and obtain an order.
Any recipient can also move to quash or modify. The court must grant the motion if the subpoena fails to allow a reasonable time to comply, requires compliance beyond the 100-mile limit, demands privileged material with no applicable exception, or imposes an undue burden.5Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena – Section: Quashing or Modifying a Subpoena Those four grounds are the same defects that show up in poorly drafted subpoenas, so working through them before you sign is the best defense against having to redo everything.