Subpoena Petition Format

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

Under Rule 45 of the Federal Rules of Civil Procedure, federal subpoenas in civil matters can be issued by attorneys and served on witnesses even outside the state where the federal matter is pending.

If it is delivered in person, it must be served at least 10 days before the court date; For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. If it is delivered in person, it must be served at least 20 days before the court date.

Serving process across state lines can be tricky. Some states recognize the Uniform Interstate Deposition and Discovery Act, which makes the process easy. Others do not, and there are more steps that must be taken before a subpoena or other legal document can be served upon its recipient.

Hand-delivered (also known as "personal delivery" method); E-mailed to the last known e-mail address of the individual (receipt acknowledgement requested); Certified mail to the last known address (return receipt requested); or.

A document directing a witness to appear to answer questions under oath is called a notice of deposition. The notice includes a time and place where the examination is to occur. The notice is sent to all parties in a lawsuit so that everyone involved has been given notice of the event.

Generally speaking, a resident of one state is not required to appear for deposition in another state or to provide records in compliance with a records subpoena issued in another state. A litigant must request the assistance of a nonparty's state court to issue a subpoena from that jurisdiction.

A subpoena duces tecum is a written order requiring a witness to testify and produce documents or records for use as evidence.A deposition is oral or written testimony given by a witness in advance of a trial or hearing.

Receiving a Subpoena A subpoena is a court order for you to appear as a witness at a deposition or in court. The subpoena may also require that you bring certain documents with you.