Pennsylvania Subpoena

Introduction

Key Things to Know

1. 1

   A Pennsylvania subpoena is an order of the court commanding a person to attend and testify at a particular time and place, and it may also require that person to produce documents or things in their possession, custody or control (Rule 234.1(a)).

2. 2

   The Pennsylvania witness fee is $5 per day during the necessary period of attendance (42 Pa.C.S. Section 5903(b)). A witness under the First Class City Permanent Registration Act is paid $20 per day.

3. 3

   Pennsylvania mileage is 7 cents for each mile circular actually and necessarily travelled between the place named in the subpoena and the witness's residence (Section 5903(c)). Rule 234.2(c) calls the same amount round trip mileage.

4. 4

   The fee for one day's attendance and round trip mileage must be tendered on demand at the time of service, and a check for that amount must be enclosed when the subpoena goes by mail (Rule 234.2(c)).

5. 5

   Only the prothonotary issues a Pennsylvania subpoena, signed and under the seal of the court but otherwise in blank, substantially in the form prescribed by Rule 234.6, and the requesting party completes it before service (Rule 234.2(a)).

6. 6

   Before serving a documents subpoena on a person who is not a party, give written notice of intent to every other party at least twenty days ahead with the proposed subpoena attached, then file the Rule 4009.22 certificate. The notice must not be given to the person named in the subpoena (Rule 4009.21).

7. 7

   If a witness fails to comply, the Pennsylvania court may issue a bench warrant, and may adjudge the witness in contempt if the failure was wilful (Rule 234.5(a)).

Pennsylvania Requirements for Subpoena

• Witness Fee of $5 a Day

  Every witness, except a salaried police officer attending a coroner inquest during working hours, is paid at the rate of $5 per day during the necessary period of attendance (42 Pa.C.S. Section 5903(b)). A witness under the First Class City Permanent Registration Act is paid $20 per day.

• Mileage at 7 Cents for Each Mile Circular

  Pennsylvania pays mileage at 7 cents for each mile circular actually and necessarily travelled between the place named in the subpoena and the place of residence of the witness (Section 5903(c)). Circular means the round trip, and Rule 234.2(c) calls the same figure round trip mileage.

• Tender the Fee on Demand at Service

  The fee for one day attendance and round trip mileage must be tendered upon demand at the time the person is served, and if the subpoena is served by mail a check for that amount must be enclosed with it (Rule 234.2(c)). A witness who attends but is never called is paid the same (Section 5903(g)).

• Prothonotary Issues It, Signed but Blank

  Upon the request of a party the prothonotary issues a subpoena signed and under the seal of the court but otherwise in blank, substantially in the form prescribed by Rule 234.6, and the requesting party fills it in before service (Rule 234.2(a)). Pennsylvania has no attorney-issued subpoena.

• The Rule 234.6 Form Wording

  Pennsylvania prints the subpoena wording in the rule itself. Rule 234.6 sets out the Subpoena to Attend and Testify, including the order to come and remain until excused, the bring-with-you line, the Rule 234.5 sanctions warning, and the Return of Service for the reverse side. It was last amended effective October 1, 2023.

• Twenty-Day Notice to the Other Parties

  A party seeking production from a person not a party must give written notice of intent to serve a subpoena to every other party at least twenty days before the date of service, with a copy of the proposed subpoena attached (Rule 4009.21(a)), then file the Rule 4009.22(a) certificate before serving. If objections arrive before service, the subpoena shall not be served until the court rules.

• The Notice Is Withheld from the Witness

  Rule 4009.21(b) states that the written notice shall not be given to the person named in the subpoena, and the official note to Rule 4009.22(a) explains that the twenty-day advance notice is for the benefit of the parties and not the person served. Sending the notice to the records custodian is a Pennsylvania-specific mistake.

• Bench Warrant, Contempt, and the Mail Limit

  If a witness fails to comply the court may issue a bench warrant and, if the failure is wilful, adjudge the witness in contempt (Rule 234.5(a)). But no bench warrant and no contempt adjudication may issue for the nonappearance of a witness served by ordinary mail unless that witness returned the signed Rule 234.9 acknowledgment.