On December 1, 2013, new Federal Rule of Civil Procedure 45 took effect. The amended rule changed how to issue and serve subpoenas. Under the amended rule:

  • All subpoenas must issue from the court where the case is pending. FRCP 45(a)(2).
  • Subpoenas may be served anywhere in the United States. FRCP 45(b)(2).
  • A person cannot be compelled to appear for trial, hearing or deposition
    • more than 100 miles from where the person resides, is employed, or regularly transacts business in person, or
    • within the state where the person resides and is employed or regularly transacts business in person if the person
      • is a party or party's officer or
      • is commanded to attend a trial and would not incur substantial expense. FRCP 45(c).
  • All parties must be notified before serving a subpoena on a nonparty requesting production of documents, electronically stored information, tangible things, or in the inspection of premises. FRCP 45(a)(4).
  • Compliance may be compelled by either the issuing court––after a motion is transferred––or the court where compliance is required. FRCP 45(g).
  • The court where compliance is required may transfer a subpoena–related motion to the issuing court if:
    • the recipient consents to transfer or
    • the court finds exceptional circumstances. 

After making a ruling, the issuing court may transfer the order back to the compliance court. FRCP 45(f).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.