Certificate Prerequisite to Service of Subpoena
(Discovery) (PA)

Summary

This template is a certificate prerequisite to service of subpoena as required by the Pennsylvania Rules of Civil Procedure. You must file this certificate before serving a subpoena for documents or things on a nonparty. This template contains practical guidance and drafting notes. You may use a subpoena to obtain books, papers, documents, electronically stored information, or tangible things from nonparties. Pa. R. Civ. P. 4009.21. Before serving a subpoena, you must give written notice to every other party of your intent to serve the subpoena at least 20 days before the date of service. You must attach a copy of the subpoena to the notice. Pa. R. Civ. P. 4009.21(a). Before serving the subpoena, you must also file of record this certificate, which: • Confirms that you mailed or delivered your notice of intent at least 20 days prior to the date you intend to serve the subpoena • Includes an attached copy of the notice of intent, including the proposed subpoena attached to the notice of intent • Confirms that you received no objection to the subpoena • Confirms that the subpoena you will serve is identical to the subpoena that is attached to the notice of intent to serve the subpoena Pa. R. Civ. P. 4009.22(a)) For additional information about subpoenas, see Discovery Subpoenas: Drafting, Issuing, Serving, and Responding (PA). For a subpoena to produce documents or things, see Subpoena to Produce Documents or Things (Discovery) (PA). For a subpoena to attend and testify, see Subpoena to Attend and Testify (Discovery) (PA). For a notice of intent to serve a subpoena, see Notice of Intent to Serve Subpoena (Discovery) (PA).