Scope a federal civil subpoena before issuing it
For federal civil litigators and supervised litigation staff.
What should be checked before serving a federal civil subpoena for records?
Identify the issuing court, the person who may sign, the exact records sought and a lawful place and time to comply. Check the service and party-notice sequence and the burden on the recipient. This guide focuses on pretrial records requests under Federal Rule of Civil Procedure 45.
Match the command to the rule
A federal civil subpoena issues from the court where the action is pending. Rule 45(a) addresses the court, case title and number, command, specified time and place, and required text of subdivisions (d) and (e). The clerk can issue a signed blank subpoena for completion before service. A lawyer authorized to practice in the issuing court may also issue and sign it.
For a records request, distinguish producing documents from appearing to testify. The judiciary’s AO 88B is the form for production or inspection. A different command can require a different form, attendance fees or other steps. Check the current case orders, local rules and discovery schedule as well.
Define a request someone can fulfill
State what fact the records would help resolve. Specify project or transaction identifiers, custodians or record types, a defensible date range and the desired format if it matters. Work through Rule 26(b)(1) and Rule 45(d)(1), including relevance, proportionality and reasonable steps to avoid undue burden or expense.
Identify the place of compliance independently of the issuing court. Rule 45(c)(2)(A) limits a command for production to a place within 100 miles of where the person lives, works or regularly conducts business in person. Attendance and inspection of premises have their own provisions. Check the actual facts before choosing an address.
Review the sequence before service
For pretrial production or inspection covered by Rule 45(a)(4), serve notice and a copy on each party before service on the recipient. Have counsel verify the server, delivery method, timing and any attendance fees under Rule 45(b). Keep the final signed version, notice history and service record together. Use the verified service facts when assessing response issues.
Worked example
Illustrative example. Counsel needs proof of delivery for order A-16. A draft asks a carrier for every customer shipment over five years. A more focused request describes the order number, relevant month and delivery receipt or exception record. Counsel checks that the carrier can identify the transaction, selects the proper compliance location and reviews notice before service.
Primary sources
Related work at Agentic Attorney
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