(a) Content. A subpoena must state the court’s name and the
title of the proceeding, include the seal of the court, and command
the witness to attend and testify at the time and place the sub-
poena specifies. The clerk must issue a blank subpoena—signed
and sealed—to the party requesting it, and that party must fill in
the blanks before the subpoena is served.
(b) Defendant Unable to Pay. Upon a defendant’s ex parte appli-
cation, the court must order that a subpoena be issued for a
named witness if the defendant shows an inability to pay the
witness’s fees and the necessity of the witness’s presence for an
adequate defense. If the court orders a subpoena to be issued, the
process costs and witness fees will be paid in the same manner as
those paid for witnesses the government subpoenas.
(c) Producing Documents and Objects.
(1) In General. A subpoena may order the witness to produce
any books, papers, documents, data, or other objects the sub-
poena designates. The court may direct the witness to produce
the designated items in court before trial or before they are to
be offered in evidence. When the items arrive, the court may
permit the parties and their attorneys to inspect all or part of
them.
(2) Quashing or Modifying the Subpoena. On motion made
promptly, the court may quash or modify the subpoena if com-
pliance would be unreasonable or oppressive.
(3) Subpoena for Personal or Confidential Information About
a Victim. After a complaint, indictment, or information is
filed, a subpoena requiring the production of personal or con-
fidential information about a victim may be served on a third
party only by court order. Before entering the order and un-
less there are exceptional circumstances, the court must re-
quire giving notice to the victim so that the victim can move
to quash or modify the subpoena or otherwise object.
(d) Service. A marshal, a deputy marshal, or any nonparty who
is at least 18 years old may serve a subpoena. The server must de-
liver a copy of the subpoena to the witness and must tender to the
witness one day’s witness-attendance fee and the legal mileage al-
lowance. The server need not tender the attendance fee or mileage
allowance when the United States, a federal officer, or a federal
agency has requested the subpoena.
(e) Place of Service.
(1) In the United States. A subpoena requiring a witness to
attend a hearing or trial may be served at any place within
the United States.
(2) In a Foreign Country. If the witness is in a foreign coun-
try, 28 U.S.C. §
1783 governs the subpoena’s service.
(f) Issuing a Deposition Subpoena.
(1) Issuance. A court order to take a deposition authorizes
the clerk in the district where the deposition is to be taken to
issue a subpoena for any witness named or described in the
order.
(2) Place. After considering the convenience of the witness
and the parties, the court may order—and the subpoena may
require—the witness to appear anywhere the court designates.
(g) Contempt. The court (other than a magistrate judge) may
hold in contempt a witness who, without adequate excuse, dis-
obeys a subpoena issued by a federal court in that district. A mag-
istrate judge may hold in contempt a witness who, without ade-
quate excuse, disobeys a subpoena issued by that magistrate judge
as provided in 28 U.S.C. §
636(e).
(h) Information Not Subject to a Subpoena. No party may sub-
poena a statement of a witness or of a prospective witness under
this rule. Rule 26.2 governs the production of the statement.