- See Rule 45 of the
Federal Rules of Civil Procedure.
- A subpoena commanding attendance at a trial
or hearing shall issue from the court for the district in which the
hearing or trial is to be held.
- A subpoena for attendance at a deposition
shall issue from the court for the district designated by the notice of
deposition as the district in which the deposition is to be taken or in which
the production or inspection is to be
made.
- The clerk shall issue a subpoena, signed but
otherwise in blank, to a party requesting it, who shall complete it
before service. An attorney as officer of the court may also issue and sign a
subpoena on behalf of:
- A court in which the attorney is authorized to practice; or
- A court for a district in which a deposition or production is compelled
by the subpoena, if the deposition or
production pertains to an action pending in a court in which the
attorney is authorized to practice.
- A witness subpoena may be served anywhere
within the district of the court by which it is issued or at any place
without the district that is within 100 miles of the place of the deposition,
hearing, trial, production, or inspection
specified in the subpoena. (F.R.Civ.P.
45(b)(2)).
- Witness fees are not waived for litigants
proceeding in forma pauperis.
