Written by attorneys · grounded in primary & secondary sources — see below
A procedural rule in the Federal Rules of Civil Procedure that governs the issuance, service, and enforcement of subpoenas to compel testimony or the production of documents from parties and nonparties. The rule requires personal delivery of the subpoena together with tender of statutory attendance fees and mileage when attendance is commanded. It also authorizes courts to quash or modify subpoenas that impose undue burden or seek protected trade secrets or confidential commercial information.
Sources & Authorities
How it applies
Common Examples
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Deposition Subpoena for Nonparty Witness
Rosa Ruiz noticed the oral deposition of a nonparty line worker under Rule 30(a)(1) in a products liability action. Her counsel personally delivered a subpoena commanding attendance at trial and tendered a check calculated at the statutory per diem rate plus mileage. The worker accepted the documents without objection. Because the tender satisfied the contemporaneous payment requirement, the subpoena compelled attendance and the opposing party could not successfully move to quash on service grounds.
Protective Order for Trade Secrets
Ryan Roberts served a document subpoena on a nonparty startup demanding proprietary algorithm reports. The startup moved to quash, submitting declarations that the materials constituted core trade secrets. The court granted the motion because the subpoena sought confidential commercial information that the rule permits courts to shield from disclosure to a competitor.
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Casebooks
Study Supplements
Seattle Times Co. v. Rhinehart467 U.S. 20, 32–33, 36 (1984)
Subpoena Enforcement Dispute
Ricardo Rojas issued a trial subpoena to a nonparty consultant in an election-related proceeding. The consultant refused compliance, claiming the command exceeded geographic limits. The court evaluated the motion under the rule's enforcement provisions and determined whether sanctions or modification were warranted.
Bush v. Gore531 U.S. 98 (2000)
Administrative Subpoena Limits
Ronald Reed received an administrative subpoena issued under authority that incorporates Rule 45 service standards. He challenged the command as exceeding statutory geographic bounds. The reviewing body applied the rule's territorial restrictions to decide whether to enforce or narrow the subpoena.
Crowell v. Benson285 U.S. 22 (1932)
Work Product Subpoena Challenge
Raymond Ramos served a subpoena seeking an opposing party's internal investigative files prepared in anticipation of litigation. The recipient moved to quash on work-product grounds. The court assessed whether the rule's protections against undue burden required modification or denial of the request.
Hickman v. Taylor329 U.S. 495, 507 (1949)
Common questions
Frequently Asked
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What must accompany service of a subpoena that commands attendance at a deposition or trial?+
Service requires both delivery of a copy to the named person and contemporaneous tender of the statutory per diem attendance fee plus mileage allowance. Failure to tender the correct amounts at the moment of service renders the subpoena invalid even if the witness accepts the documents without protest.
When may a court quash a subpoena seeking a nonparty's trade secrets?+
A court has discretion to quash or modify a subpoena that requires disclosure of trade secrets or other confidential commercial information. The movant need only show that the subpoena targets such protected material. No separate substantial-need showing by the requesting party is required before the court may grant protection.
Does an IOU or promise of future payment satisfy the tender requirement?+
No. The rule demands actual present tender of fees and mileage at the time of delivery. A future promise or IOU does not constitute the required contemporaneous payment and supports quashing the subpoena.
Who may serve a subpoena and what qualifications apply?+
Any person who is at least eighteen years old and not a party may serve a subpoena by delivering a copy to the named person. When the subpoena issues on behalf of the United States the fee-tender requirement is excused, but the age and nonparty status of the server remain mandatory.
531 U.S. 98 (2000)Constitutional Law
…is reversed, and the case is remanded for further proceedings not inconsistent with this opinion. Pursuant to this Court's Rule 45.2, the Clerk is directed to issue the mandate in this case forthwith. It is so ordered. Concurring opinions Concurring — Chief Justice Rehnquist We join the per curiam…