Form AO88 "Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action"

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What Is Form AO88?

This is a legal form that was released by the United States District Court on February 1, 2014 and used country-wide. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on February 1, 2014;
  • The latest available edition released by the United States District Court;
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AO 88 (Rev. 02/14) Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action
U
S
D
C
NITED
TATES
ISTRICT
OURT
for the
__________ District of __________
)
)
Plaintiff
v.
)
Civil Action No.
)
)
Defendant
SUBPOENA TO APPEAR AND TESTIFY
AT A HEARING OR TRIAL IN A CIVIL ACTION
To:
(Name of person to whom this subpoena is directed)
YOU ARE COMMANDED to appear in the United States district court at the time, date, and place set forth below
to testify at a hearing or trial in this civil action. When you arrive, you must remain at the court until the judge or a court
officer allows you to leave.
Place:
Courtroom No.:
Date and Time:
You must also bring with you the following documents, electronically stored information, or objects
(leave blank if
:
not applicable)
The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
respond to this subpoena and the potential consequences of not doing so.
Date:
CLERK OF COURT
OR
Signature of Clerk or Deputy Clerk
Attorney’s signature
The name, address, e-mail address, and telephone number of the attorney representing
(name of party)
, who issues or requests this subpoena, are:
Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or tangible things before
trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to
whom it is directed. Fed. R. Civ. P. 45(a)(4).
AO 88 (Rev. 02/14) Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action
U
S
D
C
NITED
TATES
ISTRICT
OURT
for the
__________ District of __________
)
)
Plaintiff
v.
)
Civil Action No.
)
)
Defendant
SUBPOENA TO APPEAR AND TESTIFY
AT A HEARING OR TRIAL IN A CIVIL ACTION
To:
(Name of person to whom this subpoena is directed)
YOU ARE COMMANDED to appear in the United States district court at the time, date, and place set forth below
to testify at a hearing or trial in this civil action. When you arrive, you must remain at the court until the judge or a court
officer allows you to leave.
Place:
Courtroom No.:
Date and Time:
You must also bring with you the following documents, electronically stored information, or objects
(leave blank if
:
not applicable)
The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
respond to this subpoena and the potential consequences of not doing so.
Date:
CLERK OF COURT
OR
Signature of Clerk or Deputy Clerk
Attorney’s signature
The name, address, e-mail address, and telephone number of the attorney representing
(name of party)
, who issues or requests this subpoena, are:
Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or tangible things before
trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to
whom it is directed. Fed. R. Civ. P. 45(a)(4).
AO 88 (Rev. 02/14) Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action (page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
I received this subpoena for
(name of individual and title, if any)
on
.
(date)
’ I served the subpoena by delivering a copy to the named person as follows:
on
; or
(date)
’ I returned the subpoena unexecuted because:
.
Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
$
.
0.00
My fees are $
for travel and $
for services, for a total of $
.
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc.:
Print
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AO 88 (Rev. 02/14) Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action (page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c) Place of Compliance.
(ii) disclosing an unretained expert’s opinion or information that does
not describe specific occurrences in dispute and results from the expert’s
(1) For a Trial, Hearing, or Deposition. A subpoena may command a
study that was not requested by a party.
person to attend a trial, hearing, or deposition only as follows:
(C) Specifying Conditions as an Alternative. In the circumstances
(A) within 100 miles of where the person resides, is employed, or
described in Rule 45(d)(3)(B), the court may, instead of quashing or
regularly transacts business in person; or
modifying a subpoena, order appearance or production under specified
(B) within the state where the person resides, is employed, or regularly
conditions if the serving party:
transacts business in person, if the person
(i) shows a substantial need for the testimony or material that cannot be
(i) is a party or a party’s officer; or
otherwise met without undue hardship; and
(ii) is commanded to attend a trial and would not incur substantial
(ii) ensures that the subpoenaed person will be reasonably compensated.
expense.
(e) Duties in Responding to a Subpoena.
(2) For Other Discovery. A subpoena may command:
(A) production of documents, electronically stored information, or
(1) Producing Documents or Electronically Stored Information. These
procedures apply to producing documents or electronically stored
tangible things at a place within 100 miles of where the person resides, is
employed, or regularly transacts business in person; and
information:
(A) Documents. A person responding to a subpoena to produce documents
(B) inspection of premises at the premises to be inspected.
must produce them as they are kept in the ordinary course of business or
must organize and label them to correspond to the categories in the demand.
(d) Protecting a Person Subject to a Subpoena; Enforcement.
(B) Form for Producing Electronically Stored Information Not Specified.
If a subpoena does not specify a form for producing electronically stored
(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
responsible for issuing and serving a subpoena must take reasonable steps
information, the person responding must produce it in a form or forms in
which it is ordinarily maintained or in a reasonably usable form or forms.
to avoid imposing undue burden or expense on a person subject to the
subpoena. The court for the district where compliance is required must
(C) Electronically Stored Information Produced in Only One Form. The
person responding need not produce the same electronically stored
enforce this duty and impose an appropriate sanction—which may include
lost earnings and reasonable attorney’s fees—on a party or attorney who
information in more than one form.
fails to comply.
(D) Inaccessible Electronically Stored Information. The person
responding need not provide discovery of electronically stored information
from sources that the person identifies as not reasonably accessible because
(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce
of undue burden or cost. On motion to compel discovery or for a protective
documents, electronically stored information, or tangible things, or to
order, the person responding must show that the information is not
reasonably accessible because of undue burden or cost. If that showing is
permit the inspection of premises, need not appear in person at the place of
production or inspection unless also commanded to appear for a deposition,
made, the court may nonetheless order discovery from such sources if the
requesting party shows good cause, considering the limitations of Rule
hearing, or trial.
(B) Objections. A person commanded to produce documents or tangible
26(b)(2)(C). The court may specify conditions for the discovery.
things or to permit inspection may serve on the party or attorney designated
in the subpoena a written objection to inspecting, copying, testing, or
(2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed information
sampling any or all of the materials or to inspecting the premises—or to
producing electronically stored information in the form or forms requested.
under a claim that it is privileged or subject to protection as trial-preparation
The objection must be served before the earlier of the time specified for
material must:
compliance or 14 days after the subpoena is served. If an objection is made,
(i) expressly make the claim; and
the following rules apply:
(ii) describe the nature of the withheld documents, communications, or
(i) At any time, on notice to the commanded person, the serving party
tangible things in a manner that, without revealing information itself
may move the court for the district where compliance is required for an
privileged or protected, will enable the parties to assess the claim.
order compelling production or inspection.
(B) Information Produced. If information produced in response to a
(ii) These acts may be required only as directed in the order, and the
subpoena is subject to a claim of privilege or of protection as
order must protect a person who is neither a party nor a party’s officer from
trial-preparation material, the person making the claim may notify any party
significant expense resulting from compliance.
that received the information of the claim and the basis for it. After being
notified, a party must promptly return, sequester, or destroy the specified
information and any copies it has; must not use or disclose the information
(3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion, the court for the district where
until the claim is resolved; must take reasonable steps to retrieve the
compliance is required must quash or modify a subpoena that:
information if the party disclosed it before being notified; and may promptly
(i) fails to allow a reasonable time to comply;
present the information under seal to the court for the district where
compliance is required for a determination of the claim. The person who
(ii) requires a person to comply beyond the geographical limits
produced the information must preserve the information until the claim is
specified in Rule 45(c);
resolved.
(iii) requires disclosure of privileged or other protected matter, if no
exception or waiver applies; or
(g) Contempt.
(iv) subjects a person to undue burden.
The court for the district where compliance is required—and also, after a
(B) When Permitted. To protect a person subject to or affected by a
motion is transferred, the issuing court—may hold in contempt a person
subpoena, the court for the district where compliance is required may, on
who, having been served, fails without adequate excuse to obey the
motion, quash or modify the subpoena if it requires:
subpoena or an order related to it.
(i) disclosing a trade secret or other confidential research,
development, or commercial information; or
For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
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