Subpoena: What It Is, the Main Types and How to Respond

Last updated: 30 October 2026. This guide draws on Rule 45 of the Federal Rules of Civil Procedure, Rule 17 of the Federal Rules of Criminal Procedure, 28 U.S.C. § 1821 and 2 U.S.C. § 192, the New York Civil Practice Law and Rules, the Supreme Court’s decision in Trump v. Mazars USA (2020), US Department of Justice records, Part 34 of the Civil Procedure Rules for England and Wales and section 55 of the County Courts Act 1984. It is general information, not legal advice.

Short answer: A subpoena is a legal order that requires a person to give testimony, hand over documents or other evidence, or both, by a set date. In US federal civil cases a subpoena can be signed by the court clerk or by a lawyer in the case, and ignoring it can lead to contempt of court. The England and Wales equivalent is a witness summons.

Key takeaways

• A subpoena ad testificandum orders someone to testify. A subpoena duces tecum orders someone to produce documents, electronically stored information or other things. Many subpoenas do both.
• Under Federal Rule of Civil Procedure 45, written objections to a document subpoena must be served before the earlier of the compliance date or 14 days after the subpoena is served.
• A federal civil subpoena generally cannot make someone travel more than 100 miles from where they live, work or regularly do business in person, and the witness must be tendered a day’s fee and mileage. The federal attendance fee is $40 a day.
• In England and Wales, a civil witness summons under CPR Part 34 is normally binding only if served at least 7 days before the witness must attend, with travel expenses and compensation for lost time offered at service.

What is a subpoena?

A subpoena is a command, issued in the name of a court, that requires a person to do something for a legal proceeding. A valid subpoena is not a request, and failing to obey it without a good excuse can be punished. Subpoenas are most often sent to people who are not parties to the case, such as witnesses, banks, employers, phone companies or medical providers, although parties can receive them too.

Parties exchange evidence with each other through ordinary discovery, but they usually need a subpoena to compel anyone outside the case. Our guide to depositions explains one of the most common reasons a non-party receives one.

What are the main types of subpoena?

There are two classic forms, and the federal rules allow them to be combined in one document.

A person ordered only to produce documents does not have to appear in person at the place of production unless the subpoena also commands them to attend a deposition, hearing or trial. Grand jury subpoenas work differently and are often used before anyone is charged; see our explainers on how grand juries work and federal white-collar investigations.

Who can issue a subpoena?

In federal civil cases, Rule 45 says a subpoena must issue from the court where the action is pending. The clerk must give a signed but otherwise blank subpoena to any party who asks for one, and an attorney who is authorised to practise in the issuing court may also issue and sign a subpoena. That is why most civil subpoenas are prepared and signed by lawyers rather than by a judge. If a subpoena seeks documents or an inspection before trial, the issuing party must first serve notice and a copy on every other party.

In federal criminal cases, Rule 17 of the Federal Rules of Criminal Procedure requires the clerk to issue a blank subpoena, signed and sealed, to the requesting party, who fills it in. A defendant who cannot pay witness fees can apply for the court to issue subpoenas at government expense. A subpoena for personal or confidential information about a victim may be served on a third party only by court order, and usually only after the victim has had notice and a chance to object.

State courts have their own rules. In New York, for example, section 2302 of the Civil Practice Law and Rules lets an attorney of record issue a subpoena without a court order, but a subpoena for certain patient clinical records must be accompanied by a court order.

How is a subpoena served?

Under Rule 45(b), any person who is at least 18 and not a party may serve a federal subpoena, and it can be served anywhere in the United States. Service means delivering a copy to the named person. If the subpoena requires attendance, the server must also tender the fees for one day’s attendance and the mileage allowed by law, unless the subpoena is issued on behalf of the United States. Under 28 U.S.C. § 1821 the attendance fee is $40 a day.

There are geographic limits on compliance. A subpoena may command attendance at a trial, hearing or deposition only within 100 miles of where the person lives, works or regularly transacts business in person, or within the state in limited cases, such as for a party or a party’s officer. Document production must also take place within 100 miles.

How do you respond to a subpoena?

Start by reading the subpoena closely and noting the deadline, the court and case name, the lawyer who issued it and exactly what it asks for. Then:

• Preserve every document and file that might be covered. Destroying them after receiving a subpoena can create serious legal problems.
• Contact the issuing lawyer early. Many disputes over scope, timing or format are settled by agreement, and narrowing a request is common.
• Identify privileged or confidential material. Under Rule 45(e)(2), anyone withholding information on grounds of privilege must expressly claim it and describe what is withheld.
• Diary the objection deadline, which in federal civil cases can be as short as 14 days.
• Take legal advice if you are a target or subject of an investigation, or if the request touches client, patient or trade secret information.

Our guide on preserving electronic evidence explains what preservation involves in practice.

How do you object to or quash a subpoena?

Federal practice gives two routes. For document and inspection subpoenas, Rule 45(d)(2)(B) allows a written objection served on the party or attorney named in the subpoena. The objection must be served before the earlier of the time specified for compliance or 14 days after service. Once a proper objection is made, the person need not comply until the serving party obtains a court order compelling production, and that order must protect a non-party from significant expense.

The second route is a motion to quash or modify, filed in the court for the district where compliance is required. Under Rule 45(d)(3)(A), that court must quash or modify a subpoena that:

• fails to allow a reasonable time to comply;
• requires compliance beyond the 100-mile limits;
• requires disclosure of privileged or other protected matter, if no exception or waiver applies; or
• subjects a person to undue burden.

The court may also quash or modify a subpoena that seeks a trade secret or other confidential commercial information, or an unretained expert’s opinion. The party issuing the subpoena must take reasonable steps to avoid undue burden or expense, and a court can sanction one who does not, including by awarding lost earnings and reasonable attorney’s fees. In criminal cases, Rule 17(c)(2) lets the court quash or modify a document subpoena on a prompt motion if compliance would be unreasonable or oppressive.

What happens if you ignore a subpoena?

Ignoring a valid subpoena is a serious mistake. Rule 45(g) lets the court for the district where compliance is required hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or a related order. Criminal Rule 17(g) gives federal courts the same power. Contempt can mean fines and, for persistent refusal, custody until the person complies.

A party who ignores a subpoena or other court process risks additional harm to their own case, such as sanctions or adverse rulings. The consequences of ignoring court papers more generally are covered in our guide on what happens if you ignore a lawsuit.

What is the difference between a subpoena, a summons and a warrant?

A search warrant lets officers take evidence immediately, while a subpoena relies on the recipient to comply and on the court to enforce it.

How do congressional subpoenas work?

Committees of the House and Senate can issue subpoenas for testimony and documents. In Trump v. Mazars USA, decided on 9 July 2020, the Supreme Court repeated that a congressional subpoena is valid only if it is “related to, and in furtherance of, a legitimate task of the Congress”, and it set out extra separation of powers considerations for subpoenas seeking a President’s information.

Refusing a congressional subpoena can be prosecuted as contempt of Congress under 2 U.S.C. § 192, a misdemeanour punishable by a fine of $100 to $1,000 and one to twelve months in jail. Steve Bannon, for example, was convicted by a jury on 22 July 2022 for defying a subpoena from the House select committee investigating the January 6th attack, and was sentenced on 21 October 2022 to four months in prison and a $6,500 fine.

What is the UK equivalent of a subpoena?

England and Wales no longer use the word subpoena in civil courts. The equivalent is a witness summons under Part 34 of the Civil Procedure Rules. Rule 34.2 defines it as a document issued by the court requiring a witness to attend court to give evidence or to produce documents to the court, with a separate summons for each witness.

A party needs the court’s permission to have a summons issued less than 7 days before trial, or for a witness to attend on any date or at any hearing other than the trial. The general rule in 34.5 is that a summons is binding if served at least 7 days before the witness must attend. The court serves it unless the party asks in writing to serve it themselves. At the time of service the witness must be offered or paid enough to cover travel to and from court and compensation for loss of time. The court may set aside or vary a summons.

In the County Court, a witness who fails to attend or produce documents without lawful excuse can be fined up to £1,000 under section 55 of the County Courts Act 1984, but only if the expenses were paid or offered when the summons was served. Our guide to preparing to testify covers what to expect once you are in the witness box.

Frequently asked questions

Can a lawyer issue a subpoena without a judge?

Yes, in many courts. Federal Rule 45 lets an attorney authorised to practise in the issuing court sign and issue a civil subpoena, and New York lets an attorney of record issue most subpoenas without a court order. Some records, such as certain patient files, still need a court order.

How long do you have to respond to a subpoena?

You must comply by the date stated, provided it allows reasonable time. In federal civil cases, written objections to a document subpoena must be served before the earlier of the compliance date or 14 days after service, so the real deadline to act can be very short.

Can you refuse a subpoena?

You cannot simply ignore one, but you can object or ask the court to quash or modify it. Valid grounds in federal court include privilege, undue burden, too little time to comply and demands to travel beyond the 100-mile limit. Without a court order or agreement, the subpoena stands.

What happens if you are not properly served?

If a federal subpoena was not delivered to you, or the required attendance fee and mileage were not tendered with a subpoena to attend, there may be a defence to enforcement. Raise defects promptly with the issuing lawyer or the court rather than ignoring the papers.

Are witnesses paid for complying with a subpoena?

Federal witnesses receive an attendance fee of $40 a day under 28 U.S.C. § 1821, plus a mileage allowance. In England and Wales, a witness summoned under CPR Part 34 must be offered travel expenses and compensation for loss of time when the summons is served.

Is a subpoena the same as being sued?

No. A subpoena usually means someone wants your evidence, not that a claim has been made against you. A lawsuit begins with a complaint and summons served on the defendant. If you are unsure of your position in a case, take legal advice quickly.

This article is general information about subpoenas in the United States and witness summonses in England and Wales. It is not legal advice. Rules, deadlines and fees differ between courts and states and can change, so speak to a qualified lawyer about any subpoena you receive or need to serve.