AO 88A at a glance
What it is: AO 88A is the Subpoena to Testify at a Deposition in a Civil Action of the United States District Court.
Who signs: On the form, the Clerk or Deputy Clerk signs on the Signature of Clerk or Deputy Clerk line, or the attorney signs on the Attorney's signature line.
A filled-in AO 88A example: an attorney issues a deposition subpoena
How to fill out AO 88A, box by box
United States District Court, Plaintiff, Defendant and Civil Action No.
Fill in the District of the United States District Court, the Plaintiff, the Defendant and the Civil Action No.
To: the person to whom this subpoena is directed
Under To:, write the name of the person to whom this subpoena is directed.
Testimony: place, date and time, and recording method
Testimony: YOU ARE COMMANDED to appear at the time, date, and place to testify at a deposition to be taken in this civil action.
On the form, 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: documents to bring
' 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.
Date, signature and the attorney
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
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.
By signing you 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.
More rules for AO 88A
The following provisions of Fed. R. Civ. P. 45 are attached - Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so.
A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena.
A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.
Organizations, documents, objections and other situations
You are an organization
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.
The subpoena commands the production of documents before trial
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).
You must produce documents or electronically stored information
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.
You object to the subpoena
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.
A written objection to inspecting, copying, testing, or sampling must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served.
You withhold subpoenaed information as privileged
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 person served does not obey
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.
Sources
[1] AO 88A (Rev. 12/20) Subpoena to Testify at a Deposition in a Civil Action, Administrative Office of the U.S. Courts (the Official source link on this page).