What is a Federal Subpoena? A subpoena commands the appearance of an individual and / or the production of specified items on a specific date, time, and place. The rules for service of a subpoena in bankruptcy cases follow the rules for service of a civil subpoena. Territorial Limits: Generally, a civil subpoena may be served within the issuing district or outside of the district but within 100 miles of the place where the deposition, hearing, trial, or production is to take place. However, pursuant to Federal Rule of Civil Procedure 45(c) (3) (B) (iii), the court may, upon proper showing of need by the requesting party, require a person to travel more than 100 miles to attend trial provided that the individual subpoenaed is reasonably compensated. A subpoena for the attendance of a witness at a deposition must be issued from the court in which the deposition is to be taken. A subpoena for the attendance of a witness at a trial must be issued by the court in which the trial is to be held. Issued By: Usually, The clerk of the U.S. District Court signs and issues the subpoena to the requesting party, who will complete it before service. An attorney, as an officer of the court, may also issue and sign a subpoena. Served By: A subpoena may be served by any person who is not a party and is at least 18 years of age. Service by a U.S. Marshal is rare, occurring only when ordered by the court or the U.S. attorney. Manner of Service: A copy of the subpoena must be personally served upon the within-named individual unless local rules permit registered or certified mail service. Return: Return on service of a civil subpoena is to be filed with the clerk of the issuing court by the individual who effects service. Return should be executed on a copy of the subpoena, either in a designated space on the form or as otherwise required by local rules. No fees must be tendered if the subpoena is issued on behalf of the United States. Disclaimer: The information related to the service of court process that is contained on this web site is general information and not intended to be an exhaustive or definitive explanation or depiction of Federal rules of procedures for the service of process. Readers are directed to the Federal Rules of Criminal and Civil Procedure; personal legal counsel; the United States Code, Titles 18 and 28; their local U.S. Attorney's Office and District Court for specific, authoritative guidance What if you are Served with a Federal Subpoena? Duties in Responding to Subpoena. (1)(A) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand. (1)(B) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce the information in a form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable. (1)(C) A person responding to a subpoena need not produce the same electronically stored information in more than one form. (1)(D) A person responding to a subpoena need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or to quash, the person from whom discovery is sought must show that the information sought is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery. (2) (A) When information subject to a subpoena is withheld on a claim that it is privileged or subject to protection as trial preparation materials, the claim shall be made expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is sufficient to enable the demanding party to contest the claim. (B) If information is produced in response to a subpoena that is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve it. The person who produced the information must preserve the information until the claim is resolved. (e) Contempt. Failure of any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena issued. An adequate cause for failure to obey exists when a subpoena purports to require a nonparty to attend or produce at a place not within the limits provided by clause (ii) of subparagraph (c)(3)(A). Need a Federal Subpoena or Witness Subpoena served?
Contact us at, service@FederalSubpoena.com | 