From Ao88 Form PDF Details

In the realm of civil litigation, the AO88 form plays a crucial role, acting as a subpoena issued by the United States District Court in a civil case. It functions as an authoritative request, compelling individuals to either appear in court to testify, participate in a deposition, produce documents, or permit inspection of premises. This form outlines the specifics of the subpoena, including the location, date, and time for compliance, and includes detailed instructions for objecting to the subpoena or the burdens it may impose. The form also contains provisions for protection of individuals subject to subpoenas, ensuring that undue burdens are avoided, and specifying the conditions under which compliance must be met, such as the production of documents as they are kept in the usual course of business. Additionally, it encapsulates the procedural aspects relating to the subpoena's issuance, such as the requirement for a proof of service to ensure that the subpoenaed party receives official notice. With a design to balance the needs of the legal process with the rights of the individuals involved, the AO88 form embodies a critical tool in the machinery of Federal civil procedure, reflecting a careful consideration of equity, efficiency, and legal formality.

QuestionAnswer
Form NameFrom Ao88 Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesspecified, ao88, designate, subpoena

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AO88 (Rev. 1/94) Subpoena in a Civil Case

Issued by the

UNITED STATES DISTRICT COURT

DISTRICT OF

SUBPOENA IN A CIVIL CASE

V.

Case Number:1

TO:

GYOU ARE COMMANDED to appear in the United States District court at the place, date, and time specified below to testify in the above case.

PLACE OF TESTIMONY

COURTROOM

DATE AND TIME

GYOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case.

PLACE OF DEPOSITION

DATE AND TIME

GYOU ARE COMMANDED to produce and permit inspection and copying of the following documents or objects at the place, date, and time specified below (list documents or objects):

PLACE

DATE AND TIME

GYOU ARE COMMANDED to permit inspection of the following premises at the date and time specified below.

PREMISES

DATE AND TIME

Any organization not a party to this suit that is subpoenaed for the taking of a deposition shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and may set forth, for each person designated, the matters on which the person will testify. Federal Rules of Civil Procedure, 30(b)(6).

ISSUING OFFICER’S SIGNATURE AND TITLE (INDICATE IF ATTORNEY FOR PLAINTIFF OR DEFENDANT) DATE

ISSUING OFFICER’S NAME, ADDRESS AND PHONE NUMBER

(See Rule 45, Federal Rules of Civil Procedure, Parts C & D on next page)

1If action is pending in district other than district of issuance, state district under case number.

AO88 (Rev. 1/94) Subpoena in a Civil Case

PROOF OF SERVICE

DATEPLACE

SERVED

SERVED ON (PRINT NAME)

SERVED BY (PRINT NAME)

MANNER OF SERVICE

TITLE

DECLARATION OF SERVER

I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Proof of Service is true and correct.

Executed on

DATE

SIGNATURE OF SERVER

 

 

 

ADDRESS OF SERVER

Rule 45, Federal Rules of Civil Procedure, Parts C & D:

(c)PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.

(1)A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena. The court on behalf of which the subpoena was issued shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction which may include, but is not limited to, lost earnings and reasonable attorney’s fee.

(2)(A) A person commanded to produce and permit inspection and copying of designated books, papers, documents or tangible things, or inspection of premises need not appear in person at the place of production or inspection unless commanded to appear for deposition, hearing or trial.

(B)Subject to paragraph (d) (2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the party or attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued. If objection has been made, the party serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to comply production shall protect any person who is not a party or an officer of a party from significant expense resulting from the inspection and copying commanded.

(3)(A) On timely motion, the court by which a subpoena was issued shall quash or modify the subpoena if it

(i)fails to allow reasonable time for compliance,

(ii)requires a person who is not a party or an officer of a party to travel to a place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c) (3) (B) (iii) of this rule, such a person may in order to attend

trial be commanded to travel from any such place within the state in which the trial is held, or

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

(iv)subjects a person to undue burden.

(B)If a subpoena

(i)requires disclosure of a trade secret or other confidential research, development, or commercial information, or

(ii)requires disclosure of an unretained expert’s opinion or information not describing specific events or occurrences in dispute and resulting from the expert’s study made not at the request of any party, or

(iii)requires a person who is not a party or an officer of a party to incur substantial expense to travel more than 100 miles to attend trial, the court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena, or, if the party in who behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions.

(d)DUTIES IN RESPONDING TO SUBPOENA.

(1)A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand.

(2)When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the MMMdemanding party to contest the claim.

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This PDF doc will require you to enter specific information; in order to ensure accuracy and reliability, make sure you bear in mind the following suggestions:

1. You need to complete the subpoenaed properly, so pay close attention when working with the segments comprising these fields:

Stage no. 1 for submitting ao88

2. The next step is to complete all of the following blanks: G YOU ARE COMMANDED to appear at, in the above case, PLACE OF DEPOSITION, DATE AND TIME, G YOU ARE COMMANDED to produce and, place date and time specified, PLACE, DATE AND TIME, G YOU ARE COMMANDED to permit, PREMISES, DATE AND TIME, and Any organization not a party to.

How one can complete ao88 part 2

3. The next part is going to be hassle-free - fill in every one of the empty fields in ISSUING OFFICERS SIGNATURE AND, ISSUING OFFICERS NAME ADDRESS AND, If action is pending in district, and See Rule Federal Rules of Civil in order to complete the current step.

Stage no. 3 for filling out ao88

4. This subsection comes next with these particular form blanks to complete: SERVED, PROOF OF SERVICE, DATE, PLACE, SERVED ON PRINT NAME, MANNER OF SERVICE, SERVED BY PRINT NAME, TITLE, I declare under penalty of perjury, in the Proof of Service is true, DECLARATION OF SERVER, Executed on, DATE, SIGNATURE OF SERVER, and ADDRESS OF SERVER.

ao88 completion process shown (step 4)

People frequently make some mistakes while completing in the Proof of Service is true in this section. Be sure you double-check everything you type in here.

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