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AO 88A Rev. 02/14 Subpoena to Testify at a Deposition in a Civil Action UNITED STATES DISTRICT COURT for the District of Plaintiff v. Defendant Civil Action No. SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION To Name of person to whom this subpoena is directed Testimony YOU ARE COMMANDED to appear at the time date and place set forth below to testify at a deposition to be taken in this civil action. If you are an organization you must designate one or more officers directors or managing agents or designate other persons who consent to testify on your behalf about the following matters or those set forth in an attachment Place Date and Time The deposition will be recorded by this method Production You or your representatives must also bring with you to the deposition the following documents electronically stored information or objects and must permit inspection copying testing or sampling of the material 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. 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 individual as follows or 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 My fees are for travel and for services for a total of I declare under penalty of perjury that this information is true. Server s signature Printed name and title Server s address Additional information regarding attempted service etc* Print Save As. Add Attachment Reset Federal Rule of Civil Procedure 45 c d e and g Effective 12/1/13 c Place of Compliance. 1 For a Trial Hearing or Deposition* A subpoena may command a person to attend a trial hearing or deposition only as follows A within 100 miles of where the person resides is employed or regularly transacts business in person or B within the state where the person resides is employed or regularly transacts business in person if the person i is a party or a party s officer or ii is commanded to attend a trial and would not incur substantial expense.
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FAQ
A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
People who have been subpoenaed in Colorado state court can file a motion with the court to quash or modify the subpoena request.
Unless otherwise stipulated or ordered by the court, a deposition is limited to 1 day of 7 hours. The court must allow additional time consistent with Rule 26(b)(1) and (2) if needed to fairly examine the deponent or if the deponent, another person, or any other circumstance impedes or delays the examination.
A subpoena is a court order that requires a party (or a witness who is not a party) to come to court to testify. It can also require the person to bring certain papers to the court hearing or trial. You may subpoena the other party or a non-party witness to the hearing if: He or she is a California resident.
(Rule 30(b)(2).) In other words, if you wish to compel the party deponent to bring documents, the deposition cannot be noticed to occur for at least 30 days. The Northern District local rules require conferring with opposing counsel before sending out a notice of a party.
(1) Any deposition may be used by any party for the purpose of contradicting or impeaching the testimony of deponent as a witness, or for any other purpose permitted by the Federal Rules of Evidence.
Federal Rule of Civil Procedure (“FRCP”) 30(b)(6) governs the depositions of organizations, including corporations, partnerships, associations, and governmental agencies. The party seeking to depose the organization must “describe with reasonable particularity the matters for examination” in its deposition notice.
Depositions Upon Written Questions. (a) Serving Questions; Notice. (1) A party may take the testimony of any person, including a party, by deposition upon written questions without leave of court except as provided in paragraph (2).
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