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.
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.
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.
| Question | Answer |
|---|---|
| Form Name | Ao 88B |
| Form Length | 3 pages |
| Fillable? | Yes |
| Fillable fields | 34 |
| Avg. time to fill out | 7 min 37 sec |
| Other names | federal subpoena duces tecum form, subpoena example, subpoena pdf, frcp 45 |
