Ao 88B PDF Details

Legal Purpose and Authority

The AO 88B form is authorized by the United States District Court and governs the pre-trial discovery phase in civil litigation. It empowers parties to gather evidence by requiring the production of documents, electronically stored information (ESI), or objects, or by compelling inspection of premises under the control of the responding party. The form derives its legal authority from Federal Rule of Civil Procedure 45, which sets the scope, limits, and enforcement mechanisms for civil subpoenas.

How Federal Rule 45 Governs the AO 88B

Federal Rule 45 balances the investigative needs of the requesting party against the rights of the subpoena recipient. The rule specifies that subpoenas must avoid imposing undue burden or expense. Subpoenaed parties may object to the production, move to quash or modify the subpoena, and assert privilege over protected materials. Non-compliance with a properly served AO 88B can result in a contempt finding by the court. The form includes a Proof of Service section, which documents that the subpoena was properly delivered to the named recipient.

Key Sections of the AO 88B Form

The AO 88B form includes: the court caption with the district, civil action number, and party names; the command to produce specific items or allow inspection at a designated location and date; a list of documents or ESI categories being requested; and attached Rule 45 provisions covering compliance obligations and objection rights. When testimony is also required, attorneys issue the companion AO 88A subpoena for testimony form. The AO 88 form is the general federal civil subpoena template used when the specific subpoena type has not yet been determined.

QuestionAnswer
Form NameAo 88B
Form Length3 pages
Fillable?Yes
Fillable fields34
Avg. time to fill out7 min 37 sec
Other namesfederal subpoena duces tecum form, subpoena example, subpoena pdf, frcp 45

Form Preview Example

AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action

UNITED STATES DISTRICT COURT

 

 

for the

 

 

__________ District of __________

 

 

)

 

Plaintiff

)

 

v.

)

Civil Action No.

 

)

 

 

)

 

Defendant

 

)

 

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS

OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION

To:

(Name of person to whom this subpoena is directed)

’Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material:

Place:

Date and Time:

’Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

Place:

Date and Time:

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.

Date:

CLERK OF COURT

OR

Signature of Clerk or Deputy Clerk

 

Attorney’s signature

The name, address, e-mail address, and telephone number of the attorney representing (name of party)

, who issues or requests this subpoena, are:

Notice to the person who issues or requests this subpoena

If this subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises 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).

AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)

I received this subpoena for (name of individual and title, if any)

on (date)

.

 

 

 

’I served the subpoena by delivering a copy to the named person as follows:

on (date)

 

; or

 

 

 

’I returned the subpoena unexecuted because:

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of

$

 

 

.

 

 

 

 

 

 

 

 

 

 

My fees are $

for travel and $

 

for services, for a total of $

0.00

 

 

 

 

 

 

 

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

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc.:

.

.

Print

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AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)

Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)

(c)Place of Compliance.

(1)For a Trial, Hearing, or Deposition. 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.

(2)For Other Discovery. 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.

(d)Protecting a Person Subject to a Subpoena; Enforcement.

(1)Avoiding Undue Burden or Expense; Sanctions. 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. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction—which may include lost earnings and reasonable attorney’s fees—on a party or attorney who fails to comply.

(2)Command to Produce Materials or Permit Inspection.

(A)Appearance Not Required. 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.

(B)Objections. 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. If an objection is made, the following rules apply:

(i)At any time, on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection.

(ii)These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party’s officer from significant expense resulting from compliance.

(3)Quashing or Modifying a Subpoena.

(A)When Required. On timely motion, the court for the district where compliance is required must quash or modify a subpoena that:

(i)fails to allow a reasonable time to comply;

(ii)requires a person to comply beyond the geographical limits specified in Rule 45(c);

(iii)requires disclosure of privileged or other protected matter, if no exception or waiver applies; or

(iv)subjects a person to undue burden.

(B)When Permitted. To protect a person subject to or affected by a subpoena, the court for the district where compliance is required may, on motion, quash or modify the subpoena if it requires:

(i)disclosing a trade secret or other confidential research, development, or commercial information; or

(ii)disclosing an unretained expert’s opinion or information that does not describe specific occurrences in dispute and results from the expert’s study that was not requested by a party.

(C)Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:

(i)shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and

(ii)ensures that the subpoenaed person will be reasonably compensated.

(e)Duties in Responding to a Subpoena.

(1)Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information:

(A)Documents. 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.

(B)Form for Producing Electronically Stored Information Not Specified. 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.

(C)Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form.

(D)Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.

(2)Claiming Privilege or Protection.

(A)Information Withheld. 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.

(B)Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information under seal to the court for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

(g) Contempt.

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.

For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).

How to Edit Ao 88B Online for Free

This PDF editor makes it simple to fill out the AO 88B subpoena to produce documents form. Complete all required fields online in minutes by following the steps below.

Step 1: Click the orange "Get Form Now" button on this page to open the AO 88B form in the online editor.

Step 2: You are now on the editing page. You can type into fields, highlight sections, add checkmarks or crosses, and insert notes.

Fill in the following fields on the AO 88B subpoena to produce documents form:

AO 88B subpoena form fields to complete in part 1

Complete the court caption section, enter the command to produce or inspect language, list the specific items requested for production, and set the designated date, time, and location.

Part 2 of filling out the AO 88B subpoena form

Enter the recipient name, mailing address, and every specific document or object to be produced. If the subpoena commands premises inspection, enter the property address and the permitted inspection time.

Completing part 3 of the AO 88B federal subpoena

For the AO 88B Proof of Service section, enter the date you received the subpoena, the method of service (personal delivery or mail), the date of delivery, and server fees for travel and services.

Stage 4 of completing the AO 88B rule 45 subpoena

Review the Federal Rule 45 provisions printed on the form. These outline the recipient's rights to object, file a motion to quash, and assert privilege over protected documents.

Final stage of completing the AO 88B subpoena form

Step 3: Click "Done" when all fields are complete. Download your finished AO 88B subpoena form to your device or send it directly by email.

Step 4: Your document data stays private. We do not store or share your information after your editing session ends.

Fields Required in the AO 88B Subpoena Form

To complete the AO 88B form correctly, you need to fill in these key sections. The case caption requires the district court name, civil action number, plaintiff name, and defendant name. The command section states what the recipient must produce and specifies where and when. The production list identifies each document category, ESI type, or object being requested. The Rule 45 attachment is pre-printed on the form. The Proof of Service section must include the server's printed name, title, mailing address, and fees charged for travel and delivery.

Related Federal Subpoena Forms

The federal court system uses several related subpoena forms alongside the AO 88B. When witness testimony is also needed, attorneys issue the companion AO 88A subpoena for testimony. The AO 88 subpoena form is the general federal civil subpoena template. For state court or arbitration proceedings, see the criminal subpoena template or the information subpoena form.

Frequently Asked Questions

What is the AO 88B form used for?

The AO 88B is a federal civil subpoena that commands a person or organization to produce documents, electronically stored information, or objects, or to allow inspection of premises, as part of discovery in a civil lawsuit filed in a United States District Court.

What is Federal Rule 45?

Federal Rule of Civil Procedure 45 governs civil subpoenas in federal court. It defines the permitted scope of document and testimony requests, establishes protections against undue burden on recipients, and sets the consequences of non-compliance. The AO 88B form incorporates the key Rule 45 provisions directly on the form.

Who can issue an AO 88B subpoena?

An AO 88B subpoena is issued by a clerk of the United States District Court or by a licensed attorney authorized to practice before that court. The subpoena must be issued in connection with a pending civil action and must comply with all Rule 45 service requirements.

How is the AO 88B subpoena served?

The AO 88B must be personally served on the named recipient, or served in any manner permitted by Rule 45. Service must include a witness fee and mileage allowance when appearance is required. After service, the server completes the Proof of Service section with the delivery date, method, and fees charged.

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