To fill out and serve a subpoena duces tecum in federal court, complete form AO 88B with the issuing court, case caption, civil action number, and a specific list of the documents you want produced; have an attorney sign it or take it to the clerk for issuance if you are representing yourself; then personally deliver it to the recipient along with one day’s attendance fee and mileage, and file a proof of service with the court. State courts use their own forms and fee schedules, but the sequence is the same. Getting each step right matters, because a procedural misstep can make the subpoena unenforceable and give the recipient grounds to have it thrown out.
What Goes on the Form
Federal Rule of Civil Procedure 45 controls what every subpoena must contain. The form has to state the name of the court that issued it, the full title of the case, and the civil action number.1Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena It must then command the named recipient, at a specific date, time, and place, to do one or more of the following: attend and testify, produce designated documents or electronically stored information, or permit inspection of premises. The full text of Rule 45(d) and 45(e), which sets out the recipient’s rights and protections, has to appear on the subpoena itself. On AO 88B this language is pre-printed on the back.
If you are combining document production with a deposition, the form must also state how testimony will be recorded (written transcript, audio, or video).
Pick the compliance date carefully. The rules do not set a minimum number of days between service and production, but the court is required to quash any subpoena that fails to allow “a reasonable time to comply.”1Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena Ten days from service is a common baseline. Give more when you are asking for a large volume of records.
Describing the Documents You Want
The list of requested materials is where most subpoenas succeed or fail. Attach a separate page identifying each category of records with enough detail that the recipient can find them without guessing. Identify records by type (bank statements, emails, invoices, personnel files), date range, and subject matter. A demand for “all documents relating to the plaintiff” is the kind of catch-all that invites an objection. A demand for “monthly account statements for account number XXXX from January 2023 through December 2025” gives the recipient a clear target.
Rule 45 requires the issuing party to take reasonable steps to avoid imposing undue burden or expense on the recipient.1Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena Overly broad requests, unreasonable time spans, or categories with no clear connection to the dispute give the recipient grounds to object or move to quash. If you include definitions and instructions on the attachment, keep them proportionate. Judges notice when boilerplate definitions expand a straightforward records request into something resembling a federal investigation.
Extra Notice for Personal Records
When the subpoena targets personal records held by a third party (medical files, bank records, employment records), many states require the requesting party to give separate notice to the person whose records are sought, not just the custodian. California Civil Procedure Code Section 1985.3 requires the requesting party to serve a notice on the consumer, along with a copy of the subpoena, before the production date.2California Legislative Information. California Code Civil Procedure 1985.3 – Means of Production Rules vary by jurisdiction, but the principle is widespread: the person whose private information is being sought generally has a right to know and a chance to object before the records are handed over.
Getting the Subpoena Issued
A completed form is not enforceable until it has been officially issued. How that happens depends on whether you have a lawyer. An attorney authorized to practice in the issuing court can sign and issue the subpoena directly as an officer of the court, without any involvement from the clerk.1Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena If you are representing yourself, take the completed form to the clerk of court and get the clerk’s signature or stamp before you serve it.
Fees You Have to Tender at Service
Federal law requires you to hand over certain fees at the moment the subpoena is served. Under Rule 45(b)(1), serving a subpoena that requires a person’s attendance means delivering, along with the subpoena, one day’s attendance fee and the mileage allowed by law.1Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena The only exception is subpoenas issued on behalf of the United States or its agencies.
The federal attendance fee is $40 per day under 28 U.S.C. ยง 1821, unchanged since 1990.3Office of the Law Revision Counsel. 28 USC 1821 – Per Diem and Mileage Generally Mileage tracks the IRS standard rate, which is 72.5 cents per mile for 2026.4Internal Revenue Service. IRS Sets 2026 Business Standard Mileage Rate at 72.5 Cents Per Mile For a witness who lives 30 miles from the production location, that works out to $40 plus $43.50 in mileage (30 miles each way at $0.725).
State-court witness fees vary widely. Some states set daily rates as low as $5; others track the federal figure more closely. Check your jurisdiction’s witness-fee statute before writing the check. The clerk may also charge a filing or issuance fee for the subpoena itself, and those administrative fees vary by court. Skipping the witness fee at the time of service is a common mistake that renders the subpoena unenforceable, so have cash or a check ready before the process server leaves.
Production Costs
When a subpoena demands records from a nonparty like a bank, hospital, or former employer, that entity often incurs real costs searching, copying, and assembling the materials. In many jurisdictions the issuing party bears those costs. The recipient may demand payment when delivering the documents, and if the charges look excessive you can ask the court to review them. Budget for per-page copying charges and clerical time, particularly when the request covers years of records or involves electronic data that needs special handling.
Serving the Subpoena
A subpoena must be personally delivered to the recipient. Any person at least 18 years old who is not a party to the case can serve it.1Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena Most people hire a professional process server or ask the local sheriff’s office. Process server fees generally run from $40 to $200 depending on location and difficulty.
The 100-Mile Rule
Federal subpoenas have a geographic ceiling. A subpoena can command attendance at a trial, hearing, or deposition only within 100 miles of where the person lives, works, or regularly transacts business in person. The same 100-mile limit governs the location you can designate for document production alone.1Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena A narrow exception lets parties and their officers be commanded to attend trial anywhere in the state where they reside or work, so long as attendance would not cause substantial expense. If your witness lives across the country, issue the subpoena from the court in the district where they are located, not from the court where your case is pending.
Filing Proof of Service
After delivery, the person who served the subpoena completes a proof of service (sometimes called an affidavit of service) identifying who was served, when and where, and exactly which papers were handed over. File it with the court clerk. This is your evidence that the recipient was properly notified, and you will need it if the recipient ignores the subpoena and you have to ask the court to enforce it.
If the Recipient Objects or Ignores It
Service is not the last step. A person commanded to produce documents can serve a written objection, which must arrive before the earlier of the compliance date or 14 days after service.1Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena Once an objection lands, you cannot force compliance on your own; you have to file a motion to compel with the court. The recipient can also move to quash on grounds including inadequate time, geographic overreach, privilege, or undue burden.
If the recipient simply ignores a properly served subpoena, Rule 45(g) lets the court hold the person in contempt.1Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena Your practical remedy is still a motion to compel, and if the court grants it and the recipient continues to defy the order, sanctions can include attorney’s fees and lost earnings for the requesting party. State courts have their own contempt frameworks; in New York, for example, disobedience of a judicial subpoena carries a penalty of up to $150 plus damages, and the court can issue a warrant to bring the witness in.5New York State Senate. New York Code CVP 2308 – Disobedience of Subpoena The point for the issuing party is straightforward: keep your proof of service, and be ready to go back to court if the documents do not arrive.