Notice and Acknowledgement of Receipt of Subpoena by Mail
(Discovery) (PA)

Summary

This template is a notice and acknowledgement of receipt of subpoena by mail pursuant to Pennsylvania Rule of Civil Procedure 234.9. You should include this notice when providing a serving a nonparty with a subpoena by regular mail. This template contains practical guidance and drafting notes. A subpoena served by ordinary mail is not enforceable unless the witness or party acknowledges having received it. Accordingly, if you choose to serve a subpoena on an adverse or uncooperative witness/party by regular U.S. mail, you will not have valid service unless the witness/party executes and returns the acknowledgement form. When serving a subpoena to attend or produce, you should consult the service requirements carefully to ensure an enforceable order if the party fails to attend or produce. When serving by ordinary mail, the mailing must contain two copies of the notice and acknowledgment prescribed by Rule 234.9 and a self-addressed stamped envelope. Pa. R. Civ. P. 234.2(b)(3). As noted, a subpoena served by ordinary mail is not enforceable unless the witness or party voluntarily acknowledges having received it by the execution and return of this form as specified under Pa. R. Civ. P. 234.9. Pa. R. Civ. P. 234.5(a). A subpoena may also be served in other manners as listed below. If you serve the subpoena by personal service, original process, or receipt return mail, this signed acknowledgment by the witness/party would not be necessary. • In the manner prescribed by Pa. R. Civ. P. 402(a) for service of original process. Pa. R. Civ. P. 234.2(b)(1) • By any form of mail requiring a return receipt, postage prepaid, restricted delivery. Service is complete upon delivery of the mail to the defendant or any of the persons referred to in Pa. R. Civ. P. 402(a)(2). The return receipt may be signed by the defendant or any such persons. Pa. R. Civ. P. 234.2(b)(2). For an in-depth discussion on subpoenas to third parties, see Discovery Subpoenas: Drafting, Issuing, Serving, and Responding (PA). For related forms, see Subpoena to Attend and Testify (Discovery) (PA), Subpoena to Produce Documents or Things (Discovery) (PA), and Notice of Intent to Serve Subpoena (Discovery) (PA).