AO 88A Form - Subpoena to Testify at a Deposition in a Civil Action

Fill in the District of the United States District Court, the Plaintiff, the Defendant and the Civil Action No.

Under To:, write the name of the person to whom this subpoena is directed.

Testimony: YOU ARE COMMANDED to appear at the time, date, and place to testify at a deposition to be taken in this civil action.

Enter the Place and the Date and Time.

A subpoena may command a person to attend a trial, hearing, or deposition only as follows: (A) within 100 miles of where the person resides, is employed, or regularly transacts business in person; or (B) within the state where the person resides, is employed, or regularly transacts business in person, if the person (i) is a party or a party's officer; or (ii) is commanded to attend a trial and would not incur substantial expense.

Write the method by which the deposition will be recorded.

' Production: You, or your representatives, must also bring with you to the deposition the following documents, electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the material:

A subpoena may command: (A) production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and (B) inspection of premises at the premises to be inspected.

Enter the Date.

Enter the name, address, e-mail address, and telephone number of the attorney representing (name of party), who issues or requests this subpoena.

Proof of service: this section should not be filed with the court unless required by Fed. R. Civ. P. 45.

Enter the name of individual and title, if any, and the date you received this subpoena.

Mark that you served the subpoena by delivering a copy to the named individual as follows, on (date); or mark that you returned the subpoena unexecuted because.

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, enter the amount you tendered to the witness for one day's attendance and the mileage allowed by law.

Enter your fees for travel and for services, for a total.

I declare under penalty of perjury that this information is true.

Enter the Date and the Server's signature, then the Printed name and title, the Server's address, and any additional information regarding attempted service.

If you are an organization, you must promptly confer in good faith with the party serving this subpoena, and you must designate one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf.

Notice to the person who issues or requests this subpoena If this subpoena commands the production of documents, electronically stored information, or tangible things before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).

A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.

If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.

A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises-or to producing electronically stored information in the form or forms requested.

The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served.

A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must: (i) expressly make the claim; and (ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.

The court for the district where compliance is required-and also, after a motion is transferred, the issuing court-may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it.