Subpoena
A subpoena is a court order compelling a person to testify or produce documents. Who may issue it, the witness fee, and the mileage rate are set by your state. Attorney review available.
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Introduction
A subpoena is a court order that compels a person to appear and testify, to produce documents, or both. Parties use one when a witness or a records custodian will not cooperate voluntarily and the evidence matters enough to require it. Three things about a subpoena are set by state law rather than by any national rule, and they are the parts people get wrong. First, who may issue it: in many states an attorney of record signs and issues the subpoena directly, while a self-represented party must get one from the court clerk. Second, the witness fee and mileage you must pay or tender, which vary widely from one state to the next and in some states must be offered at the time of service or the subpoena is not enforceable. Third, the timing, because a subpoena for documents usually has to give the recipient a minimum number of days before the production date, and a subpoena for someone's personal records normally requires separate advance notice to that person. A subpoena is enforceable by the court, so a recipient who ignores it can face contempt and, in several states, a fixed statutory forfeiture on top of any damages. Select your state below for its issuing rules, its witness fee and mileage rate, its required form, and its service and notice deadlines. DocDraft builds your subpoena from your facts, with attorney review available before you serve it.
Key Things to Know
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A subpoena is a court order compelling a person to appear and testify, to produce documents, or both, enforceable by the court that issued it.
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A subpoena for testimony and a subpoena duces tecum for documents are different instruments, and several states prescribe a separate official form for each.
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Who may issue a subpoena is a state rule. In many states an attorney of record signs and issues it directly, while a self-represented party obtains one from the court clerk.
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Witness fees and mileage are set by state statute and vary widely. Some states require the fee to be tendered at the time of service, and failing to tender it can make the subpoena unenforceable.
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A subpoena for documents normally must allow the recipient a minimum number of days before the production date, counted from issuance, from service, or from whichever is later.
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Subpoenaing a person's personal records, such as medical, employment, or financial records, usually requires separate advance written notice to that person so they can object.
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A recipient who does not comply can be held in contempt, and in some states also forfeits a fixed statutory amount to the party who issued the subpoena, plus damages.
Key Decisions
Your Case
A subpoena issues out of a pending case. Without a filed case and a case number there is nothing for a subpoena to attach to, so this determines whether a subpoena is the right instrument at all.
Yes, the case is filed and I have the case number
The standard situation. The subpoena issues in that case and must name the court, the parties, and the case number exactly as filed.
Most Common OptionThe case is filed but I do not have the number handy
Pull it from your filed complaint or the court docket before issuing. A wrong case number can invalidate service.
No case has been filed yet
A subpoena generally cannot issue before a case exists. Gather records voluntarily, or file first, then subpoena.
What You Need From the Witness
This decides which instrument you issue. Many states use a separate official form for testimony and for documents, and the documents version often requires a supporting affidavit explaining why the materials matter.
Testimony only
A plain subpoena compelling the person to appear and testify at a trial, hearing, or deposition.
Most Common OptionDocuments only
A subpoena duces tecum directed at the records custodian. Often satisfied by producing copies rather than appearing.
Both testimony and documents
One subpoena can compel appearance and production together, but describe the documents specifically.
Personal records carry an extra notice requirement in most states. The person whose records they are must usually be given written notice a set number of days ahead so they can object, and missing that step is a common reason subpoenas get quashed.
No, these are the witness's own business records
Ordinary business records of the subpoenaed entity. The standard production timing applies.
Most Common OptionYes, they are another person's personal records
Serve the consumer notice first, in the order and timing your state requires, before serving the custodian.
I am not sure how the records are classified
If the records identify an individual and were created about them, treat them as personal records and give notice.
Issuing and Serving
Who may issue the subpoena turns on this in most states. An attorney of record can commonly sign and issue it directly, while a self-represented party obtains a signed and sealed blank from the court clerk.
I am representing myself
Request the subpoena from the clerk of the court where the case is pending, then fill it in before service.
Most Common OptionI have an attorney of record
In most states the attorney signs and issues the subpoena directly, with no trip to the courthouse.
I am an attorney issuing this myself
Issue under your own signature as attorney of record, and confirm your state does not require a clerk-issued form.
Subpoena Requirements
Court, Parties, and Case Number
The name and address of the court where the case is pending, the names of the plaintiff and defendant as filed, and the case number. A subpoena issues out of an existing case and must match the caption exactly.
Witness Name and Address for Service
The full name of the person or records custodian being subpoenaed, and an address where they can actually be served. Most states require personal service on the named individual.