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What is a subpoena, and what do you do if you get one?
Short answer
A subpoena is a court command to testify, to hand over documents (a subpoena duces tecum), or both. Don't ignore it: disobeying one can be contempt of court. In federal court, a written objection to a documents subpoena is due before the earlier of the compliance date or 14 days after service, and the court can quash it.
Quick guide
What paper did you get?
1. What does the paper tell you to do?
It points to the part of this page that fits, in the page's own words. Nothing you choose is saved or sent. Not legal advice.
Key points
- What it is
- A command, issued under a court's authority, to testify, to produce documents or other things (a subpoena duces tecum), or both. A clerk or a lawyer usually signs it, not a judge, but it still carries the court's power.
- Object in time
- In federal court, a written objection to a documents subpoena must be served before the earlier of the time set for compliance or 14 days after the subpoena is served.
- How far
- A federal subpoena can make you attend only within 100 miles of where you live, work or regularly do business in person, with narrow exceptions.
- Fees
- A federal witness gets $40 a day plus mileage, and a subpoena to attend must come with 1 day's fee and mileage. State fees are lower: $35 a day in California, $15 in New York, $10 in Texas.
A subpoena is a court order to give evidence. The federal courts define it as a command, issued under a court's authority, to a witness to appear and give testimony. A subpoena duces tecum is a command to produce documents. You can get one even if you are not a party to the case: subpoenas are how both sides bring in witnesses and records.
Below: the kinds of subpoena and how they differ from a summons, what to do first, how to object or ask the court to quash it, how far you can be made to travel, witness fees by state, and what happens if you ignore one.
Subpoena at a glance
- Objection
- 14 daysOr by the compliance date, if earlier. Rule 45(d)(2)(B)
- Distance
- 100 milesFrom where you live, work or regularly do business in person. Rule 45(c)(1)
- Federal witness fee
- $40 a dayPlus mileage. 28 U.S.C. § 1821(b)
- If ignored
- ContemptWithout an adequate excuse. Rule 45(g)
What is a subpoena?
A subpoena is a written command to give evidence in a case. The U.S. Courts glossary defines a subpoena as “a command, issued under a court's authority, to a witness to appear and give testimony,” and a subpoena duces tecum as “a command to a witness to appear and produce documents.” New York's law puts it the same way: a subpoena requires a person to give testimony, and a subpoena duces tecum requires production of books, papers and other things (CPLR 2301). California's courts call it a court order requiring a person to provide documents as evidence or appear at a deposition.
- Who issues it. In a federal civil case the clerk must issue a subpoena, signed but otherwise blank, to a party who asks for one, and that party fills it in. A lawyer admitted in the court may also issue and sign one. So a judge usually never sees it before it reaches you, but it is still a court command.Fed. R. Civ. P. 45(a)(3)
- What it must say. Every federal subpoena must name the court and the case, with its civil-action number, command you to attend and testify, produce documents, data or things, or permit an inspection at a set time and place, and print the text of Rule 45(d) and (e), which sets out your protections and duties.Fed. R. Civ. P. 45(a)(1)(A)
- Who serves it. Any person who is at least 18 years old and not a party may serve it, by delivering a copy to you. A federal subpoena may be served anywhere in the United States.Fed. R. Civ. P. 45(b)(1), (b)(2)
- Criminal cases too. In a federal criminal case a subpoena may order a witness to produce any books, papers, documents, data or other objects it names; a marshal, a deputy marshal or any nonparty who is at least 18 years old may serve it.Fed. R. Crim. P. 17(c)(1), (d)
- Agencies can issue them. Some federal agencies may issue administrative subpoenas for documents or testimony without first going to a judge. The Justice Department reports that all federal executive branch administrative subpoenas are enforced by the courts.U.S. DOJ, Report to Congress on administrative subpoena authorities
Subpoena to testify, subpoena duces tecum, and deposition subpoenas
There are three main kinds, and one paper can combine them: a command to produce documents may be included in a subpoena to attend a deposition, hearing or trial, or set out in a separate subpoena (Rule 45(a)(1)(C)). The federal courts publish a form for each.
| Kind | What it orders | Federal form | Good to know |
|---|---|---|---|
| Subpoena to testify at a hearing or trial | Come to court at the time, date and place on the paper, and testify. | AO 88 | The form adds: “When you arrive, you must remain at the court until the judge or a court officer allows you to leave.” |
| Subpoena duces tecum (documents) | Produce documents, electronically stored information or objects, or permit inspection, copying, testing or sampling. | AO 88B | You need not appear in person to produce them, unless the subpoena also orders you to testify (Rule 45(d)(2)(A)). |
| Deposition subpoena | Answer questions under oath at a deposition, at the time, date and place on the paper. | AO 88A | It must state how the testimony will be recorded (Rule 45(a)(1)(B)). An organization must confer with the party and name who will testify. See depositions in federal court. |
Criminal cases have their own forms: AO 89, a subpoena to testify at a hearing or trial in a criminal case, and AO 90, a subpoena to testify at a deposition in a criminal case. All the federal forms are on the U.S. Courts forms page.
Subpoena or summons? Not the same paper
A summons tells you that a lawsuit has been filed against you and how long you have to respond. In federal court, a defendant must serve an answer within 21 days after being served with the summons and complaint (Rule 12(a)(1)(A)(i)). If the paper names you as a defendant and comes with a complaint, it is a summons: see federal court summons and how to answer a federal lawsuit.
- A subpoena orders you to give evidence: testimony, documents, or both. It does not mean you are being sued.
- A jury summons calls you for jury service, a separate duty with its own rules: see jury duty.
- A deposition subpoena makes a witness attend a deposition, within the same 100-mile limit as a trial subpoena (Rule 45(c)(1)): see depositions.
Served with a subpoena: what to do first
- Read the whole paper. Find the court, the case name and number, what it orders you to do, and the date, time and place. A federal subpoena must state all of these (Rule 45(a)(1)(A)).
- Write down the day it was served on you. Deadlines run from the day of service. In federal court the day of service itself does not count (Rule 6(a)(1)).
- Check what came with it. If it orders you to attend, the fee for 1 day's attendance and the mileage allowed by law must be offered when it is served, unless the subpoena is issued for the United States (Rule 45(b)(1)).
- Contact the lawyer or party named on it. The paper names who issued it. That is the person you serve a written objection on, and the person to ask about a different date. California's subpoena form says you must appear unless you make an agreement with the person named on it.
- Decide whether to comply, object or ask the court. If it asks for too much, for privileged material, or makes you travel too far, you can object in writing or ask the court to quash or modify it (below). Get legal help early if you can.
Checklist
Before you respond to a subpoena
Tick each step as you do it; each one points to the part of this page that explains it.
Every point comes from this page and its official sources. Your ticks are not saved or sent anywhere. Not legal advice.
How to object to a subpoena for documents (federal Rule 45)
If a federal subpoena orders you to produce documents or things, or to permit an inspection, you may serve a written objection on the party or attorney named in the subpoena. Rule 45(d)(2)(B): “The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served.” The objection goes to the lawyer or party, not to the court.
- After an objection, the other side needs a court order. The serving party may ask the court where compliance is required for an order compelling production. The order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance.Fed. R. Civ. P. 45(d)(2)(B)(i), (ii)
- Withholding privileged material. If you withhold something as privileged or as trial-preparation material, you must say so expressly and describe what you are withholding, without revealing the privileged information itself, so the parties can assess the claim.Fed. R. Civ. P. 45(e)(2)(A)
- How to produce what you hand over. Produce documents as they are kept in the ordinary course of business, or organize and label them to match the categories in the demand. Electronic data goes in the form the subpoena names, or the form you ordinarily keep it in, or a reasonably usable form, and only once.Fed. R. Civ. P. 45(e)(1)
- The issuer must avoid undue burden. The party or attorney who issues a subpoena must take reasonable steps to avoid imposing undue burden or expense on you, and the court may sanction one who does not, including lost earnings and reasonable attorney's fees.Fed. R. Civ. P. 45(d)(1)
Counting the 14 days. Leave out the day you were served, count every day after it, including weekends and holidays, and include the last day. If the last day falls on a Saturday, Sunday or legal holiday, it moves to the next day that is not one (Rule 6(a)(1)(C)). Don't wait for day 14: if the date for compliance on the subpoena comes first, the objection is due before that date.
Date calculator · 6 courts
When is your objection due?
Each court's rule read from its official text · checked Nov 1, 2026
Each rule comes from the official source linked in the result. It runs on your device: nothing you type is stored or sent. General information, not legal advice.
Motion to quash or modify a subpoena
To quash a subpoena is to have the court cancel it; to modify it is to narrow it or change its terms. In federal court you file the motion in the court for the district where compliance is required, and it must be timely: Rule 45 gives no fixed number of days, so file before the date on the subpoena.
- The court must quash or modify a subpoena that: fails to allow a reasonable time to comply; requires you to comply beyond the geographical limits of Rule 45(c); requires disclosure of privileged or other protected matter, if no exception or waiver applies; or subjects you to undue burden.Fed. R. Civ. P. 45(d)(3)(A)
- The court may quash or modify a subpoena that requires: disclosing a trade secret or other confidential research, development or commercial information, or an unretained expert's opinion. Instead, it may order compliance under conditions if the serving party shows a substantial need and ensures you will be reasonably compensated.Fed. R. Civ. P. 45(d)(3)(B), (C)
- Where the motion is heard. If the court where compliance is required did not issue the subpoena, it may transfer the motion to the issuing court if you consent or if it finds exceptional circumstances.Fed. R. Civ. P. 45(f)
- Federal criminal cases. On motion made promptly, the court may quash or modify a subpoena for documents if compliance would be unreasonable or oppressive.Fed. R. Crim. P. 17(c)(2)
- New York. A motion to quash, fix conditions or modify a subpoena shall be made promptly in the court in which the subpoena is returnable. If it is not returnable in a court, ask the person who issued it first; then a motion may be made in the supreme court.CPLR 2304
How far can a subpoena make you travel? The 100-mile rule
A federal subpoena may command you to attend a trial, hearing or deposition only within 100 miles of where you reside, are employed, or regularly transact business in person. It can reach anywhere within your state only if you are a party or a party's officer, or if you are commanded to attend a trial and would not incur substantial expense (Rule 45(c)(1)). Documents are produced at a place within 100 miles too (Rule 45(c)(2)). A subpoena beyond these limits is one the court must quash or modify on timely motion.
- California: a deposition of an individual must take place within 75 miles of your residence, or within 150 miles if it is held in the county of the court where the case is pending (form SUBP-015).
- Texas: a witness who lives 150 miles or less from the county where the suit is pending, or who may be found within that distance at the time of trial, may be subpoenaed (Tex. Civ. Prac. & Rem. Code § 22.002).
Witness fees and mileage, federal and state
A federal witness is paid an attendance fee of $40 per day for each day's attendance, including the time spent going to and returning from court (28 U.S.C. § 1821(b)). A witness who drives is paid the mileage rate the General Services Administration sets for federal travel (§ 1821(c)(2)): for travel on or after July 1, 2026 the GSA automobile rate is $0.76 per mile. Tolls, parking and taxi fares to and from terminals are paid in full, and an overnight allowance is paid when the place is too far to return home each day (§ 1821(c)(3), (d)). When the United States is a party, the Attorney General pays its witnesses' fees (28 U.S.C. § 1825).
| Court | Fee per day | Mileage | When it is paid | Law |
|---|---|---|---|---|
| Federal courts | $40 | GSA rate: $0.76 per mile (from July 1, 2026) | 1 day's fee and mileage offered with a subpoena to attend | 28 U.S.C. § 1821 · Fed. R. Civ. P. 45(b)(1) |
| California | $35 | $0.20 per mile each way | If you ask for them when you are served | California Courts · form SUBP-001 |
| New York | $15 | 23 cents per mile, round trip from where you were served; none for travel wholly within a city | Paid or tendered in advance, with one day's fee | CPLR 8001, 2303(a) |
| Texas | $10 | None: the fee includes travel | One day's fee when the subpoena is served | Tex. Civ. Prac. & Rem. Code § 22.001 |
| Florida | $5 | 6 cents per mile, to and from court | In a civil case, 1 day's pay and mileage first, or you can't be compelled to attend | Fla. Stat. §§ 92.142(1), 92.151 |
| Pennsylvania | $5 | 7 cents per mile, round trip | In a civil matter, one day's fee and travel on demand when served | 42 Pa.C.S. § 5903(b), (c), (h) |
In New York, a witness who is not a party and is examined before trial gets an additional $3 for each day's attendance (CPLR 8001(b)). Read on November 1, 2026 from each official source. Other states set their own fees; they were not checked for this page.
What happens if you ignore a subpoena?
- Federal civil cases: contempt. The court for the district where compliance is required may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it.Fed. R. Civ. P. 45(g)
- Federal criminal cases: contempt. The court may hold in contempt a witness who, without adequate excuse, disobeys a subpoena issued by a federal court in that district.Fed. R. Crim. P. 17(g)
- California: contempt and $500. The civil subpoena form warns that disobedience may be punished as contempt, and that you will also be liable for the sum of five hundred dollars and all damages resulting from your failure to obey. California's courts say a witness can be ordered to pay up to $500 in fines.California Courts · form SUBP-001
- New York: contempt, a $150 penalty and a warrant. Failing to comply with a subpoena issued by a judge, clerk or officer of the court is punishable as contempt; you are also liable for a penalty of up to $150 and damages, and the court may issue a warrant directing a sheriff to bring you into court.CPLR 2308(a)
Subpoenas in state courts: California, New York, Texas, Florida
Most subpoenas come from state courts, which follow their own rules. What the official sources say:
- California. A trial subpoena must be served in person by someone 18 or older; it can't be served by mail. For a business records subpoena (form SUBP-010), the consumer or employee whose records are sought must get notice at least five days before the witness is served, and copying is charged at $0.10 per page plus clerical costs of $24 per hour.California Courts Self-Help Guide
- New York. A subpoena is served in the same manner as a summons, with travel expenses and one day's witness fee paid or tendered in advance; a copy of a subpoena duces tecum in a pending civil case is also served on each party who has appeared.CPLR 2303(a)
- Texas. The party who summons the witness pays the witness's fee for one day at the time the subpoena is served. Texas's subpoena rule (Tex. R. Civ. P. 176) could not be read from an official site for this page.Tex. Civ. Prac. & Rem. Code § 22.001(b)
- Florida. No one can be compelled to attend court as a witness in a civil case unless the party who summoned them first pays mileage and per diem for 1 day, or deposits it with the court. Florida's subpoena rule (Rule 1.410) could not be read from an official site for this page.Fla. Stat. § 92.151
Free help, and when to talk to a lawyer
Talk to a lawyer before you respond if the subpoena asks for private records, medical or business secrets, or anything that could be privileged; if you are asked about something that could expose you to a criminal charge; or if you want to object or ask the court to quash it. Legal aid offices and state bar referral services can help you find one.
Common questions about subpoenas
What is a subpoena in simple terms?
An order, issued under a court's authority, to give evidence: to testify, to hand over documents or other things, or both. It is usually signed by a clerk or a lawyer, but disobeying it can be contempt of court.
What is the difference between a subpoena and a subpoena duces tecum?
A subpoena orders you to appear and testify. A subpoena duces tecum orders you to produce documents, records or things, and one paper can do both. In federal court you need not appear in person just to produce documents, unless you are also ordered to testify (Rule 45(d)(2)(A)).
What does Rule 45 mean?
Federal Rule of Civil Procedure 45 governs subpoenas in federal civil cases: what they must say, who issues and serves them, the 100-mile limit, written objections within 14 days, motions to quash or modify, and contempt for disobeying one.
Can I just ignore a subpoena?
No. A court can hold in contempt a person who, having been served, fails without adequate excuse to obey (Rule 45(g)); California adds a $500 liability and New York a $150 penalty. To challenge one, serve a timely objection or ask the court to quash or modify it.
How long do I have to object to a federal subpoena?
For documents or an inspection, a written objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served (Rule 45(d)(2)(B)). A motion to quash must be timely; file it before the compliance date.
Do I get paid for answering a subpoena?
Witnesses who are ordered to attend get a fee and mileage: $40 a day plus the GSA mileage rate in federal court, $35 a day in California, $15 in New York, $10 in Texas, and $5 in Florida and Pennsylvania.
Are administrative subpoenas enforceable?
Agencies that have the power can issue them without first going to a judge, but they are enforced through the courts: the Justice Department reports that all federal executive branch administrative subpoenas are enforced by the courts.
Is a subpoena the same as being sued?
No. A subpoena asks for evidence. A summons tells you a lawsuit has been filed against you; in federal court you then have 21 days after service to answer. See federal court summons.
Official sources
- Federal Rules of Civil Procedure, as amended to December 1, 2025 (PDF): Rules 6, 12 and 45 uscourts.gov
- Federal Rules of Criminal Procedure, as amended to December 1, 2025 (PDF): Rule 17 uscourts.gov
- U.S. Courts: Glossary of legal terms (subpoena, subpoena duces tecum) uscourts.gov
- Form AO 88: Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action (PDF) uscourts.gov
- Form AO 88A: Subpoena to Testify at a Deposition in a Civil Action (PDF) uscourts.gov
- Form AO 88B: Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (PDF) uscourts.gov
- U.S. Courts: Forms (AO 88, 88A, 88B, 89, 90) uscourts.gov
- 28 U.S.C. § 1821: Per diem and mileage generally; subsistence (U.S. Code, 2024 edition) govinfo.gov
- 28 U.S.C. § 1825: Payment of fees and costs when the United States is a party govinfo.gov
- GSA: Privately owned vehicle mileage reimbursement rates (travel on or after July 1, 2026) gsa.gov
- U.S. Department of Justice: Report to Congress on the Use of Administrative Subpoena Authorities (archived) justice.gov
- California Courts Self-Help Guide: Subpoena someone or something selfhelp.courts.ca.gov
- California Courts Self-Help Guide: Subpoena a witness for a trial or hearing (fees and service) selfhelp.courts.ca.gov
- California Courts Self-Help Guide: Subpoena someone for a deposition selfhelp.courts.ca.gov
- California Courts Self-Help Guide: Order a witness to produce business records selfhelp.courts.ca.gov
- Judicial Council of California, form SUBP-001: Civil Subpoena for Personal Appearance at Trial or Hearing (PDF) courts.ca.gov
- Judicial Council of California, form SUBP-015: Deposition Subpoena for Personal Appearance (PDF) courts.ca.gov
- New York CPLR 2301: Scope of subpoena nysenate.gov
- New York CPLR 2303: Service of subpoena; payment of fees in advance nysenate.gov
- New York CPLR 2304: Motion to quash, fix conditions or modify nysenate.gov
- New York CPLR 2308: Disobedience of subpoena nysenate.gov
- New York CPLR 8001: Persons subpoenaed; examination before trial; transcripts nysenate.gov
- Texas Civil Practice and Remedies Code, Chapter 22: Witnesses (§§ 22.001, 22.002) tcss.legis.texas.gov
- Florida Statutes § 92.142 (2026): Witnesses; pay flsenate.gov
- Florida Statutes § 92.151 (2026): Witness compensation; payment; overcharges flsenate.gov
- 42 Pa.C.S. § 5903: Compensation and expenses of witnesses (PDF) palegis.us
Related
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.