Motion to Compel Compliance with a Subpoena (Federal): Motion or Notice of Motion
A Standard Document providing a sample motion or notice of motion for use in federal court to compel a nonparty's compliance with a subpoena. This resource provides guidance for counsel drafting a motion under Federal Rule of Civil Procedure (FRCP) 37 or FRCP 45 when a nonparty witness fails to respond to or comply with a subpoena. It addresses common failures to comply with a subpoena, such as a witness's failure to appear for a deposition or trial, refusal to answer questions during a deposition, or failure to produce requested documents. This Standard Document explains the critical distinction between filing a motion to compel under FRCP 37 and FRCP 45. Furthermore, this Standard Document discusses essential procedural prerequisites, including identifying the appropriate compliance court for filing, fulfilling the "meet and confer" obligation, and correctly formatting the caption, body, and signature block.
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