If you are being subpoenaed as a witness, you have received a court order that legally requires you to appear and testify, produce documents, or both — and ignoring it can lead to fines, contempt, or jail. You also have real rights: to be paid for your time, to challenge a subpoena that reaches too far or asks for too much, to protect privileged information, and to refuse to answer questions that could incriminate you. What follows is what those rights look like in practice and what you need to do next.
Read the Subpoena Carefully
Subpoenas come in two forms, and yours may be one or both. A subpoena ad testificandum orders you to appear and give oral testimony. A subpoena duces tecum orders you to produce documents, electronic records, or other tangible evidence. Each carries the same legal force.
The setting matters too. A trial subpoena tells you to testify in open court, usually in front of a judge and jury. A deposition subpoena requires you to answer questions at an attorney’s office or conference room during the pretrial discovery phase. Depositions are less formal than courtroom testimony, but your answers are given under oath and can be used later at trial. If a deposition subpoena asks only for documents, you can sometimes comply by mailing or emailing the records rather than showing up, if you arrange that with the requesting party in advance.
How the Subpoena Had to Reach You
In federal court, a subpoena must be personally delivered by someone who is at least 18 years old and not a party to the case. If the subpoena requires your attendance, the server must also hand you the fees for one day’s attendance and the mileage allowance set by law.1LII / Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena In criminal cases, a marshal, deputy marshal, or any nonparty at least 18 years old may serve the subpoena, and the server must tender one day’s witness-attendance fee and the legal mileage allowance at the time of service.2Cornell Law School. Federal Rules of Criminal Procedure Rule 17 – Subpoena
Getting a subpoena by regular mail or email alone generally does not satisfy federal service requirements, though some state courts and administrative proceedings may allow other methods. Improper service can be grounds for challenging the subpoena, but do not assume that means you can simply ignore it. Talk to an attorney before making that call.
How Far You Can Be Made to Travel
You cannot be dragged across the country because someone issued a subpoena. Federal Rule of Civil Procedure 45(c) limits where a witness can be compelled to appear: generally within 100 miles of where you live, work, or regularly conduct business in person.1LII / Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena A subpoena that demands you appear beyond that radius must be quashed or modified by the court.
Criminal subpoenas work differently. Under the Federal Rules of Criminal Procedure, a court can compel a witness to appear at the place of trial regardless of distance, though the witness is entitled to travel reimbursement.2Cornell Law School. Federal Rules of Criminal Procedure Rule 17 – Subpoena
What You Get Paid
Federal law entitles witnesses to a $40 per day attendance fee for each day of testimony, including travel days at the start and end of your appearance.3Office of the Law Revision Counsel. 28 USC 1821 – Per Diem and Mileage Generally; Subsistence If you drive, you are reimbursed at the rate the General Services Administration sets for federal employee travel, which is $0.725 per mile in 2026.4GSA. Privately Owned Vehicle Mileage Reimbursement Rates If you fly or take a train, the court reimburses actual travel costs for the most economical fare reasonably available. Tolls, parking, and taxi fares between your hotel and the terminal are covered too. If the courthouse is far enough from home that you have to stay overnight, you are entitled to a subsistence allowance matching what federal employees get for the area.
State court witness fees vary widely. Many states pay less than the federal rate; a few pay nothing at all for standard fact witnesses. Do not count on witness fees to make you whole.
What You Can Be Asked to Say
If you have been called as a regular (lay) witness, your testimony is limited to what you personally observed or experienced. Under Federal Rule of Evidence 701, a lay witness can offer opinions only if they are based on firsthand perception, helpful to the jury, and not grounded in specialized or technical knowledge.5LII / Legal Information Institute. Federal Rules of Evidence Rule 701 – Opinion Testimony by Lay Witnesses You can describe what someone looked like, estimate a car’s speed, or explain how a conversation unfolded. You cannot testify about how a drug was manufactured or the engineering behind a product failure unless you have been qualified as an expert.
Expert witnesses testify under a different set of rules and are typically compensated at rates far exceeding the $40 statutory fee. If you are unsure which category you are being called under, clarify with the attorney who issued the subpoena. It affects both what you can say and what you can be paid.
Information You Do Not Have to Disclose
Not everything you know is fair game. Certain categories of communication are legally shielded, and a subpoena does not strip those protections away. Attorney-client privilege covers confidential communications between a lawyer and their client. Doctor-patient privilege, recognized in many jurisdictions, protects what you tell your physician during treatment. Spousal privilege, clergy-penitent privilege, and psychotherapist-patient privilege may also apply, depending on the circumstances.
If a subpoena asks you to testify about or produce documents containing privileged communications, do not simply hand them over. The usual response is to file a motion to quash or modify the subpoena and assert the privilege. A court may then review the materials privately to decide whether the privilege applies and whether any exceptions exist. Privilege is not automatic. You or your attorney must raise it, or the court may treat the information as available.
The Fifth Amendment and Immunity
The Fifth Amendment provides that no person “shall be compelled in any criminal case to be a witness against himself.”6Constitution Annotated. Fifth Amendment This protection applies to witnesses in both criminal and civil proceedings, any time an answer could realistically expose you to criminal prosecution. You do not waive that right just by being subpoenaed.
Invoking it has rules, though. You cannot refuse to answer every question as a blanket matter. The privilege must be asserted question by question, and the court can require you to show that each specific answer would pose a genuine risk of criminal liability. If the court finds no real risk, it can compel your answer.
When a prosecutor needs testimony from a witness who invokes the privilege, the government can offer immunity. Federal law provides for use immunity: once an immunity order is communicated to you, you can no longer refuse to testify on Fifth Amendment grounds, but nothing you say under that order, and no evidence derived from it, can be used against you in a later criminal case, except in a prosecution for perjury or false statements.7Office of the Law Revision Counsel. 18 USC 6002 – Immunity Generally Use immunity does not prevent prosecution altogether; if prosecutors can build a case against you using evidence entirely independent of your compelled testimony, they can still charge you. Transactional immunity, which bars prosecution for the offense you testify about regardless of independent evidence, is broader but less commonly granted.8Cornell Law School. Immunity – Fifth Amendment Annotated If you think your testimony could incriminate you, talk to a defense attorney before your appearance date, not on the witness stand.
How to Push Back on the Subpoena
A subpoena is not set in stone. If complying would be unreasonably burdensome, require you to disclose privileged information, or demand travel beyond the geographic limits, you can ask the court to quash or modify it. In federal civil cases, a person ordered to produce documents can file a written objection within 14 days of service or before the compliance deadline, whichever comes first. A court must quash a subpoena that fails to allow reasonable time to comply, exceeds the geographic limits, demands privileged material without an applicable exception, or subjects you to undue burden.1LII / Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena
Before you file anything, contact the attorney who issued the subpoena. Most disputes get resolved here. Attorneys will often agree to narrow the scope of documents, shift a testimony date, or accept records by email instead of a personal appearance. Judges appreciate parties working things out before the court has to. A phone call or email to opposing counsel is usually the smartest first move. If informal negotiation fails, file the motion.
What Ignoring a Subpoena Costs You
Treating a subpoena like junk mail is one of the worst legal mistakes you can make. Federal courts can punish disobedience of any lawful court order by fine, imprisonment, or both.9Office of the Law Revision Counsel. 18 USC 401 – Power of Court If you don’t show up, the party who issued the subpoena will typically file a motion to compel your appearance. If the court grants that motion and you still don’t comply, you face a contempt finding.
Contempt sanctions vary by court and circumstance. The most common initial outcome is an order to comply plus an award of attorney’s fees to the party that had to bring the motion. Continued refusal can bring daily fines or arrest. In extreme cases, a witness can be held in custody until they agree to testify. If you have a legitimate reason you cannot comply, challenge the subpoena through the proper channels. Simply not showing up is never the answer.
Grand Jury Subpoenas Are Different
Grand jury subpoenas deserve their own attention because the rules diverge from a standard trial or deposition subpoena. A grand jury investigates whether enough evidence exists to bring criminal charges. The U.S. Attorney’s Office can issue grand jury subpoenas without prior approval from a judge, and the proceedings are conducted in secret.
The most important thing to know: your attorney cannot go into the grand jury room with you. You have the right to counsel and should hire one, but they must wait outside. You can ask to step out mid-questioning to consult, then return. That makes preparation before the appearance far more important than in proceedings where your lawyer sits beside you and can object in real time.
Your Fifth Amendment right applies fully, and you can invoke it question by question. If the government grants you immunity, though, you must testify. Refusing after an immunity order can result in contempt.
Out-of-State Subpoenas
If you live in one state and the case is in another, the requesting party cannot simply mail you a subpoena from that other state and expect compliance. They must go through domestication, which converts the out-of-state subpoena into one valid where you live. The Uniform Interstate Depositions and Discovery Act, adopted by the vast majority of states, standardizes this: the requesting party submits the original subpoena to the clerk of court in your state, and the clerk issues a local subpoena incorporating the same terms. Once domesticated, the subpoena is governed by your state’s rules, and you can challenge it under your state’s procedures.
If a subpoena from another state arrives without being domesticated through your local court, you are not obligated to comply. The requesting party can fix the problem quickly, though, so ignoring the paperwork is risky. Consult an attorney about whether domestication was properly done.
Missing Work to Testify
Complying with a subpoena raises real questions about pay and job security. Federal law permits employers to deduct witness fees from an exempt (salaried) employee’s pay to offset the cost of time away from work.10U.S. Department of Labor. Fact Sheet 17G – Salary Basis Requirement and the Part 541 Exemptions Under the FLSA For hourly employees, no federal law requires your employer to pay you for time spent testifying as a witness, as opposed to jury duty, which some states mandate pay for.
Many states do prohibit employers from firing or retaliating against employees who miss work to comply with a subpoena, but the specifics vary. Check your state’s labor laws or ask an employment attorney if you are worried about your employer’s reaction. The safest approach is to notify your employer as soon as you get the subpoena, hand over a copy, and keep the communication in writing. A subpoena is a court order, not a personal choice, and most employers understand that.