Rule 45: Subpoena

A subpoena is the mechanism for compelling nonparties to participate in litigation — whether by testifying at a deposition or trial, or by producing documents. Unlike discovery requests under Rules 33 and 34, which can only be directed at parties, subpoenas can reach anyone.

Subpoenas can be issued by any attorney authorized to practice in the court where the case is pending. Service can be made anywhere in the United States. However, the subpoena cannot require a person to travel more than 100 miles from where they reside, work, or regularly do business — unless the travel is to attend a trial within the state where they reside or work.

A person served with a subpoena can challenge it by filing a motion to quash or modify. The court must quash a subpoena that imposes undue burden, requires excessive travel, demands privileged information, or subjects a nonparty to significant expense. The court must also protect trade secrets and confidential information. The reasonable cost of compliance by a nonparty must generally be borne by the requesting party.