Massachusetts AO-89 Subpoena in a Criminal Case - Federal District Court Official Form

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US-AO-89
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Federal District Court form.
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FAQ

Under Rule 45, federal subpoenas can be served by any means authorized under the Federal Rules of Civil Procedure. This allows for delivery either in person or by certified mail[1].

Under the current federal rule, you can issue a subpoena from the district court in which your action is pending and serve it anywhere in the United States; however, there are geographic limitations on where you can require the discovery to take place, and you will have to go to the district court with jurisdiction ...

As an initial matter, for a subpoena on a federal agency to be effective, the subpoena must be sent from a party to a litigation that originated and remains in federal court; otherwise, the federal government has not waived its sovereign immunity.

The party must bring a subpoena form (AO-88, AO-88A or AO-088B) and be prepared to provide the case name and case number. The clerk will issue a subpoena, signed but otherwise in blank, to the requesting party. The party must complete the subpoena before service. See Fed.

A court must quash or modify a subpoena if it does not allow a reasonable time to comply, requires travel of more than 100 miles, requires disclosure of privileged information, or creates an undue burden.

For example, an attorney representing a spouse in a child custody hearing might issue a subpoena to the other spouse to appear in court to determine joint custody arrangements. Other examples of subpoenas may include requests for: Blood test information.

Personal Service: Pursuant to FRCP Rule 45(b)(1) a subpoena must be personally delivered to the person whose attendance is required by the subpoena. A person who serves the subpoena must be at least 18 years of age. A person who serves the subpoena cannot be a party to the proceeding under which the subpoena is issued.

A subpoena may order the witness to produce any books, papers, documents, data, or other objects the subpoena designates. The court may direct the witness to produce the designated items in court before trial or before they are to be offered in evidence.

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Massachusetts AO-89 Subpoena in a Criminal Case - Federal District Court Official Form