Subpoenas: Drafting, Issuing, and Serving Subpoenas (Federal)

by David J. Lender, Jared R. Friedmann, Weil, Gotshal & Manges LLP with Practical Law Litigation

A Practice Note that analyzes the key issues parties should consider when they draft, issue, and serve subpoenas to obtain evidence in federal civil litigation under Rule 45 of the Federal Rules of Civil Procedure (FRCP). This Practice Note addresses when to use a subpoena to obtain evidence from nonparties, and in some cases parties, and discusses the different types of subpoenas, including those for testimony and document production. This resource outlines the essential contents of a valid subpoena, who is authorized to issue one, and the strict requirements for proper service. It also provides guidance on crucial practical matters such as providing notice to other parties, calculating and tendering witness attendance and mileage fees, and adhering to the geographical limitations for compliance, including for remote depositions. Furthermore, this Practice Note examines the issuing party's duty to avoid imposing an undue burden or expense on the subpoenaed person, a key consideration for ensuring the enforceability of the subpoena.