Notice of Intent to Serve Subpoena
(Discovery) (PA)

Summary

This template is a notice of intent to serve subpoena pursuant to Pennsylvania Rule of Civil Procedure 2009.24. You should use this template to provide other parties to the action with notice that you intend to serve a subpoena on a nonparty. This template contains practical guidance and drafting notes. As the party seeking production from a nonparty to the action, you are required to give written notice to every other party of your intent to serve a subpoena at least 20 days before the date of service. You do not need to provide notice to the person named in the subpoena. Pa. R. Civ. P. 4009.21. The 20-day notice is for the benefit of the parties and not the person served. The 20-day notice period may be waived and the certificate modified accordingly. See Note following Pa. R. Civ. P. 4009.22(a). The form of the written notice is set forth in Rule 4009.24(a). The comment to Rule 4009.21(a) provides: "These rules do not preclude (1) the issuance under Rule 234.1 et seq. of a subpoena or request for the production of documents or things at a deposition pursuant to Rule 4007.1(d), or (2) an independent action against a person not a party for production of documents or things." For a more detailed discussion on serving subpoenas, see Discovery Subpoenas: Drafting, Issuing, Serving, and Responding (PA). For sample subpoenas, see Subpoena to Produce Documents or Things (Discovery) (PA) and Subpoena to Attend and Testify (Discovery) (PA). For a certificate prerequisite to service of subpoena, which you are required to file before serving your subpoena, see Certificate Prerequisite to Service of Subpoena (Discovery) (PA).