Subpoenas: What a Witness Should Know
Updated 2026-10-06
Receiving a subpoena can be confusing, especially if you are not a party to the case. You may wonder why you were chosen, whether you have to go, and what happens if you cannot. A subpoena is a serious legal document, and it usually comes with deadlines. This guide explains in general terms what a subpoena is, the main types, and what options a witness may have. It does not give advice about what to say if you testify — that is a conversation to have with a lawyer.
What a subpoena is
A subpoena is a legal order that requires a person to do something in connection with a case. It may require you to:
- Appear and testify at a hearing or trial
- Appear for a deposition, which is questioning under oath outside the courtroom
- Produce documents, information, or objects, or allow inspection of a place
Subpoenas are used in both civil and criminal cases, and in federal and state courts. The rules differ by court. Federal civil subpoenas are governed by Rule 45 of the Federal Rules of Civil Procedure. State courts have their own rules.
Federal subpoena forms
The federal judiciary publishes standard forms in its notice of lawsuit, summons, and subpoena forms section, including:
- AO 88 — Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action
- AO 88B — Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
These forms are useful to look at because they reprint key parts of Rule 45. The AO 88 form, for example, tells the witness that when they arrive, they must remain at the court until the judge or a court officer allows them to leave. It also lists the name and contact information of the attorney who issued or requested the subpoena.
What federal Rule 45 says, in general
The AO 88 form attaches the text of Rule 45(c), (d), (e), and (g). Some key points, in plain language:
- Place limits. The rule generally limits where a subpoena can require a person to attend a trial, hearing, or deposition — for example, within 100 miles of where the person lives, works, or regularly does business in person, with certain exceptions.
- Avoiding undue burden. The party or attorney issuing a subpoena must take reasonable steps to avoid imposing undue burden or expense on the person receiving it. The court can enforce this duty.
- Documents without appearing. A person ordered only to produce documents or allow inspection does not have to appear in person unless also ordered to appear for a deposition, hearing, or trial.
- Written objections. A person ordered to produce documents may serve a written objection on the party or attorney named in the subpoena. Under the rule, the objection must be served before the earlier of the compliance date or 14 days after the subpoena is served.
- Asking the court to quash or modify. On a timely motion, the court must quash or modify a subpoena in certain situations — for example, if it fails to allow a reasonable time to comply, goes beyond the geographic limits, requires disclosure of privileged information, or subjects a person to undue burden.
- Contempt. The court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena.
These are summaries, not the full text, and they apply to federal civil cases. State rules and criminal cases can be different.
Witness fees
The proof of service section of the federal AO 88 form says that, unless the subpoena was issued on behalf of the United States, the server has also tendered to the witness the fees for one day's attendance and the mileage allowed by law. If you have questions about witness fees in your case, ask the attorney who issued the subpoena or the court clerk. State courts have their own rules.
What to do when you receive a subpoena
- Read it carefully. Note the court, the case name, what you are being asked to do, and the date, time, and place.
- Do not ignore it. Failing to obey a subpoena without an adequate excuse can lead to contempt of court.
- Contact the issuing attorney if you have a conflict. The subpoena lists who issued it. Scheduling problems can sometimes be worked out, but get any agreement in writing.
- Keep documents safe. If the subpoena asks for documents or electronic information, do not destroy or change anything that may be covered.
- Talk to a lawyer early. This is especially important if you might have legal exposure yourself, if the request involves private, confidential, or privileged information, or if complying would be a serious burden. Objection deadlines can be short.
Why talk to your own lawyer
The attorney who issued the subpoena represents a party in the case, not you. A lawyer of your own can explain your rights and obligations, help you decide whether to object or ask the court for protection, and prepare you for what to expect. If you are worried that your answers could affect you personally, a lawyer can explain your rights before you testify.
If cost is a concern, the USAGov legal aid page lists free and low-cost programs. Our legal guides cover other court topics, and if the case involves a claim against a government agency or official, you can learn about civil rights lawyers.
Frequently asked questions
Do I have to respond if I am not part of the case?
A subpoena can be directed to someone who is not a party. If you have been properly served, you generally must respond or take formal steps to object.
Can I object to a subpoena?
In federal civil cases, Rule 45 allows written objections to document requests and motions to quash or modify in certain situations. Deadlines apply. A lawyer can explain your options.
What if the date does not work for me?
Contact the attorney who issued the subpoena as soon as possible. If you cannot reach an agreement, a lawyer can explain whether to ask the court for relief.
Is a subpoena the same as being sued?
No. A subpoena asks you to testify or provide information. Being sued means someone has filed a claim against you. Read the document carefully to see which it is.
This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.