Subpoena for Documents and/or Testimony
(Federal)

Summary

This template is an attachment to a discovery subpoena that may be used in a federal district court case subject to any applicable local rules. Fed. R. Civ. P. 45. The federal courts have two template subpoenas applicable to civil discovery: (1) Subpoena to Testify at a Deposition in a Civil Action and (2) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection in a Civil Action. This template may be used as an attachment to either. This template contains practical guidance, drafting notes, and optional clauses. A subpoena compels a nonparty to testify and/or produce documents during pre-trial discovery or at a hearing. Fed. R. Civ. P. 45. Since a subpoena is just the means to compel a non-party to participate in the litigation, Rule 45 works in conjunction with other federal rules, particularly those addressing pre-trial discovery. This template may also be used to subpoena a non-party who resides outside of the United States, under 17 U.S.C. §1783. If a non-party is willing to voluntarily appear to give testimony or produce documents, then a subpoena is not required. In that situation, you can reach out informally to the non-party and see if they will appear or produce documents if you cover expenses. Subpoenas ensure that critical evidence or testimony can be obtained from individuals or entities not directly involved in the lawsuit. Notably, subpoenas can also extend beyond U.S. borders under 28 U.S.C. § 1783, allowing courts to reach non-party witnesses residing abroad when their testimony is deemed necessary. However, if a non-party is cooperative and agrees to provide testimony or documents voluntarily, a subpoena may be unnecessary. In such situations, you may approach the individual informally, often offering to cover reasonable expenses to encourage participation without resorting to formal legal compulsion. For a full listing of key content covering depositions in federal court litigation, see Deposition Resource Kit (Federal). For information on serving your subpoena, including the requisite fees that must be paid at the time of service, see Fed. R. Civ. P. 45(b). For information on serving subpoenas internationally, see Fed. R. Civ. P. 4(f). For a practice note on subpoenas, see Subpoena for Documents and/or Testimony (Discovery) (Federal).