To subpoena records, you prepare a subpoena duces tecum under Federal Rule of Civil Procedure 45 (or the equivalent state rule), have it issued by an attorney or the court clerk, and serve it on the person or entity holding the documents along with any required witness fees. The steps below cover how to subpoena records in a federal civil case; state courts use a parallel framework with their own forms and fee schedules.
Pick the Right Subpoena for Records
A subpoena duces tecum orders the recipient to produce specific documents, electronically stored information, or other tangible items. It is different from a subpoena ad testificandum, which compels a person to appear and give spoken testimony. If you need both records and live testimony from the same person, you may need to issue both.
Rule 45 is the tool for getting documents from a nonparty — a bank, hospital, employer, or other third party. When the records belong to the opposing party in your case, you use a Request for Production under Rule 34 instead. Choosing the wrong mechanism invites a procedural challenge before you ever see a page of what you asked for.
Gather the Details Before You Draft
The federal subpoena form is AO 88B. It requires the full names of all parties, the court’s name, and the civil action number.1United States Courts. Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action AO 88B You also need the name and address of the person or entity that holds the records, plus contact information for the requesting attorney or self-represented party.
The description of what you want is the part that decides whether the subpoena works. A sweeping request such as “all documents related to the plaintiff” invites objections and motions to quash. Describe the records by category, date range, and custodian: “all billing statements for account number XXXX from January 1, 2024, through December 31, 2025.” Narrow descriptions make it easier for the record holder to comply and harder to argue the request is unreasonably broad.
Electronic Records and Metadata
If the records are digital, you can specify the format in which they should be produced. Say nothing about format, and the record holder may produce the files in the form they ordinarily keep them or in any other reasonably usable format. When metadata matters to your case — when an email was sent, who received it, when a file was last edited — say so in the subpoena. Metadata beyond basic fields typically requires either an agreement with the record holder or a court order.
Who Issues and Signs the Subpoena
An attorney authorized to practice in the issuing court can sign and issue a Rule 45 subpoena directly. If you are representing yourself, the clerk of court issues the subpoena to you signed but otherwise blank, and you fill in the rest.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena Without a clerk’s signature and seal, or an attorney’s signature, the paper has no force. Forms are available from the clerk’s office or the court’s website, and there is usually a small issuance fee that varies by jurisdiction.
Serve It Properly
A subpoena becomes effective only when it is delivered to the recipient. The person who serves it cannot be a party to the lawsuit. Federal criminal procedure allows service by a marshal, deputy marshal, or any nonparty at least 18 years old, and civil practice follows the same pattern.3Legal Information Institute. Federal Rules of Criminal Procedure Rule 17 – Subpoena Personal service means physically handing the papers to the records custodian or an authorized agent at their place of business. Some jurisdictions allow certified mail, sometimes with prior court approval.
Confirm the identity and authority of the person accepting the papers. Incorrect service can void the subpoena. Private process servers typically charge $20 to $100 depending on location and complexity.
Witness Fees and Mileage Tendered at Service
When a subpoena requires someone to appear at a deposition, hearing, or trial, you must pay the witness fee and travel costs at the time of service. Skipping this step can make the subpoena unenforceable. The federal attendance fee is $40 per day, which also covers travel time.4Office of the Law Revision Counsel. 28 USC 1821 – Per Diem and Mileage Generally; Subsistence A witness who drives a personal vehicle receives a mileage allowance at the General Services Administration rate for federal employees, which is $0.725 per mile for 2026.5General Services Administration. GSA Bulletin FTR 26-02 You may also owe the reasonable cost of copying or transporting the materials.
Reasonable Time to Comply
A court must quash or modify any subpoena that does not allow a reasonable time to comply.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena The rules do not fix a specific number of days; what is reasonable depends on the volume of records, the difficulty of locating them, and the needs of the case. A common starting point is at least 14 days, since that is also the deadline for the recipient to serve written objections.
Geographic Limits
A subpoena can compel production of documents only at a location within 100 miles of where the recipient lives, works, or regularly does business in person.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena Ignoring the 100-mile limit gives the recipient clean grounds for a motion to quash.
Records Held in Another State
You cannot send a local subpoena across state lines. To reach an out-of-state record holder, you domesticate the subpoena — you have a court in that state issue its own subpoena based on yours. Most states have adopted the Uniform Interstate Depositions and Discovery Act (UIDDA). Under the UIDDA, you submit your original subpoena to the clerk of court in the county where the records are located, pay a filing fee, and the clerk issues a local subpoena that incorporates the terms of yours. Service then follows that state’s rules, and any motion to quash or modify goes to the court where discovery is taking place.
File Proof of Service
After delivery, the server prepares a written return of service showing the date, time, and location of service, the name of the person who accepted the papers, and a certification that the information is accurate.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena Some courts require it to be notarized or signed under penalty of perjury. File the completed proof with the clerk. It becomes your record that the recipient was properly notified, which matters if you later need to enforce the subpoena or seek sanctions.
Extra Steps for Medical Records
Subpoenaing medical records triggers HIPAA requirements. A covered healthcare provider may release protected health information in response to a subpoena — as opposed to a court order signed by a judge — only if one of two conditions is met: the patient was notified of the request and given a chance to object, or the requesting party obtained a qualified protective order from the court limiting how the information can be used.6U.S. Department of Health and Human Services. Court Orders and Subpoenas The provider needs written documentation that reasonable efforts were made to satisfy one of these conditions before turning anything over.7eCFR. 45 CFR 164.512 – Uses and Disclosures for Which an Authorization or Opportunity to Agree or Object Is Not Required Build one of these into your plan before the subpoena goes out, or the provider will not — and cannot — respond.
What the Recipient Can Do Back
A record holder is not required to hand over everything without question. They can serve written objections on you before the earlier of the compliance deadline or 14 days after service.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena Once a timely objection lands, you cannot simply demand production. You either negotiate a resolution or move the court to compel compliance.
They can also file a motion to quash or modify the subpoena. Under Rule 45, a court must quash or modify a subpoena that:
- fails to allow a reasonable time to comply;
- requires the recipient to travel or produce records beyond the 100-mile limit;
- requires disclosure of privileged material, such as attorney-client communications or work product; or
- imposes an undue burden given the needs of the case.
The court also has discretion to quash a subpoena that seeks confidential or proprietary business information, or that duplicates discovery already obtained.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena If a privilege is asserted, the record holder is generally required to provide a privilege log identifying each withheld document by date, author, recipient, type, and the specific privilege claimed, in enough detail for you to evaluate whether the claim holds.
If the Recipient Ignores It
A subpoena is a court order. A recipient who has been properly served and fails to comply without adequate excuse may be held in contempt of court.2Legal Information Institute. Federal Rules of Civil Procedure Rule 45 – Subpoena Federal courts can punish contempt through fines, imprisonment, or both.8Office of the Law Revision Counsel. 18 USC 401 – Power of Court To reach that point, though, you need to show the court that service was proper, the subpoena was valid, and the deadline passed without a response — which is why the earlier steps, especially proof of service and a specific description of the records, matter so much.