SUBPOENA FOR EXPERT WITNESS TESTIMONY
Court Information
Court Name: [________________________________]
Court Address: [________________________________]
Case Caption: [________________________________]
Case Number: [________________________________]
Judicial Officer: [________________________________]
Subpoena Type
☐ Subpoena Ad Testificandum (Testimony Only)
☐ Subpoena Duces Tecum (Testimony and Documents)
☐ Deposition Subpoena
☐ Trial/Hearing Subpoena
I. Subpoena Command
TO: [________________________________]
[Expert Witness Name]
ADDRESS: [________________________________]
[________________________________]
[________________________________]
YOU ARE COMMANDED to appear at the time, date, and place set forth below:
A. For Trial/Hearing Testimony
☐ YOU ARE COMMANDED to appear in the above-entitled court at the place, date, and time specified below to testify as an expert witness in the above-captioned matter.
Place: [________________________________]
[________________________________]
[Courtroom Number: ________________]
Date: [__/__/____]
Time: [____:____] ☐ AM ☐ PM
B. For Deposition Testimony
☐ YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at a deposition in the above-captioned matter.
Place: [________________________________]
[________________________________]
[________________________________]
Date: [__/__/____]
Time: [____:____] ☐ AM ☐ PM
Deposition Officer: [________________________________]
II. Document Production (If Duces Tecum)
☐ YOU ARE ALSO COMMANDED to bring with you and produce at the time and place stated above the following documents, electronically stored information, or objects:
A. Expert File Materials
☐ Complete file for this matter
☐ All notes, drafts, and working papers
☐ All documents reviewed in forming opinions
☐ All correspondence regarding this matter
☐ All invoices and billing records for this matter
B. Expert Reports and Communications
☐ All draft and final expert reports
☐ All communications with retaining counsel
☐ All communications with parties or witnesses
☐ All prior versions of expert report
C. Background Materials
☐ Current curriculum vitae
☐ Fee schedule
☐ List of cases testified in past four years
☐ Publications list (past ten years)
☐ Materials considered but not relied upon
D. Specific Documents
| Item No. | Description |
|---|---|
| 1 | [________________________________] |
| 2 | [________________________________] |
| 3 | [________________________________] |
| 4 | [________________________________] |
| 5 | [________________________________] |
| 6 | [________________________________] |
| 7 | [________________________________] |
| 8 | [________________________________] |
E. Production Instructions
Documents shall be produced:
☐ As kept in the ordinary course of business
☐ Organized and labeled to correspond with categories above
☐ In native format (for ESI)
☐ In PDF format
☐ Other: [________________________________]
Production Deadline: [__/__/____] (if production before testimony date)
III. Issuing Party Information
Issuing Attorney:
Name: [________________________________]
Firm: [________________________________]
Address: [________________________________]
[________________________________]
Phone: [________________________________]
Fax: [________________________________]
Email: [________________________________]
Bar Number: [________________________________]
Representing: ☐ Plaintiff ☐ Defendant ☐ Other: [________________]
IV. Expert Witness Fee Information
Pursuant to applicable rules and statutes, the following fees are tendered with this subpoena:
A. Witness Fees (Per Applicable Law)
| Fee Type | Amount |
|---|---|
| Attendance Fee | $[________] |
| Mileage (_____ miles × $___/mile) | $[________] |
| Per Diem (if applicable) | $[________] |
| Total Statutory Fees | $[________] |
B. Expert Witness Fees
☐ Reasonable expert witness fee to be paid at rate of $[________] per hour
☐ Expert fee arrangements to be made separately
☐ Fee pursuant to prior agreement dated [__/__/____]
Note: Under FRCP 45(d)(3)(B)(ii), a court may quash or modify a subpoena if it requires disclosure of an unretained expert's opinion or information not describing specific occurrences in dispute. Reasonable compensation may be required.
V. Service Information
A. Manner of Service
☐ Personal service
☐ Service by leaving at dwelling with person of suitable age
☐ Service by mail (where permitted by jurisdiction)
☐ Service by electronic means (where permitted by jurisdiction)
☐ Other: [________________________________]
B. Service Details
Date of Service: [__/__/____]
Time of Service: [____:____] ☐ AM ☐ PM
Person Who Served Subpoena: [________________________________]
Title/Capacity: [________________________________]
Method of Service: [________________________________]
VI. Geographic Limitations
A. Federal Court (FRCP 45)
Under FRCP 45(c), a subpoena may command a person to attend:
- Within 100 miles of where the person resides, is employed, or regularly transacts business; OR
- Within the state where the person resides, is employed, or regularly transacts business, if the person is a party or party's officer; OR
- As ordered by the court
Distance from witness location to appearance location: [____] miles
☐ Appearance location is within 100-mile limit
☐ Appearance location exceeds 100 miles - court order may be required
☐ Witness is a party or party's officer - state-wide service applies
B. State Court
State-specific geographic limitations: [________________________________]
VII. Duties and Protections
A. Duties of Witness
A person commanded to produce documents or tangible things must:
☐ Produce documents as they are kept in the ordinary course of business or organize and label them to correspond with the categories in the demand
☐ For electronically stored information, produce in form requested or in reasonably usable form
B. Objections
Objection Deadline: Within [____] days after service (14 days under FRCP 45)
Objections must be served on the issuing party in writing.
C. Protections Available
The Court may quash or modify this subpoena if it:
☐ Fails to allow reasonable time to comply
☐ Requires travel beyond geographic limits
☐ Requires disclosure of privileged matter
☐ Subjects the witness to undue burden
☐ Requires disclosure of unretained expert's opinion
VIII. Penalties for Non-Compliance
WARNING: Failure to obey this subpoena may result in:
- Civil contempt proceedings
- Monetary sanctions
- Arrest and imprisonment (in extreme cases)
- Default judgment or adverse inference (depending on circumstances)
IX. Clerk's Certification
For Court-Issued Subpoenas
I, [________________________________], Clerk of the above-entitled court, hereby certify that this subpoena is issued under the authority of said court.
Clerk Signature: ___________________________________
Date: [__/__/____]
Seal of Court:
[SEAL]
For Attorney-Issued Subpoenas (Federal Court)
Under FRCP 45(a)(3), an attorney authorized to practice in the issuing court may issue and sign a subpoena as an officer of the court.
I certify that I am an attorney authorized to practice in this court and that this subpoena is issued in compliance with applicable rules.
Attorney Signature: ___________________________________
Printed Name: [________________________________]
Bar Number: [________________________________]
Date: [__/__/____]
X. Proof of Service
A. Declaration/Affidavit of Service
I declare under penalty of perjury that on [__/__/____], I served the within Subpoena on the person named above as follows:
☐ By personally delivering a copy to the person
☐ By leaving a copy at the person's dwelling with a person of suitable age and discretion
☐ By mailing a copy to the person at: [________________________________]
☐ By other means as follows: [________________________________]
Server Name: [________________________________]
Server Address: [________________________________]
Server Signature: ___________________________________
Date: [__/__/____]
B. Fees Tendered
☐ Witness fee and mileage tendered at time of service
☐ Amount tendered: $[________]
☐ Method: ☐ Cash ☐ Check ☐ Money Order
XI. State-Specific Variations
California
Under California Code of Civil Procedure § 1989, witness fees must be tendered with the subpoena. Expert witness fees require additional consideration per CCP § 2034.430.
Texas
Texas Rules of Civil Procedure Rule 176 governs subpoenas. Geographic range is 150 miles or within the county of residence.
Florida
Florida Rules of Civil Procedure Rule 1.410. Subpoenas for trial must be served at least 10 days before trial.
New York
CPLR 2303-a allows electronic service of subpoenas in certain circumstances. CPLR 8001 governs witness fees.
XII. Expert-Specific Considerations
A. Non-Retained Experts
Under FRCP 45(d)(3)(B)(ii), a court may quash or modify a subpoena if it requires:
- Disclosing an unretained expert's opinion; or
- Information that does not describe specific occurrences in dispute; and
- Results from the expert's study not requested by a party
B. Retained Experts
Discovery of retained experts is governed by FRCP 26(b)(4), which provides:
- Depositions of experts only after expert reports are disclosed
- Expert required to provide report under FRCP 26(a)(2)(B)
- Compensation issues addressed by prior agreement
C. Fee Disputes
If the expert witness disputes the reasonableness of compensation:
☐ Court may determine reasonable fee under FRCP 45(d)(3)(C)(ii)
☐ Parties may negotiate compensation prior to compliance
☐ Expert may move to quash based on undue burden
XIII. Checklist for Issuing Attorney
Before Issuance
☐ Verify geographic limits for service
☐ Calculate witness fees and mileage
☐ Determine if documents are being requested
☐ Check local rules for additional requirements
☐ Verify deadline for objections under applicable rules
☐ Coordinate with expert's schedule if possible
At Service
☐ Tender required witness fees
☐ Provide adequate time to comply
☐ Include all required attachments
☐ Retain proof of service
After Service
☐ Calendar objection deadline
☐ Monitor for objections or motions to quash
☐ Confirm expert's appearance before testimony date
☐ Arrange for expert compensation
Sources and References
- Federal Rules of Civil Procedure, Rule 45 - https://www.law.cornell.edu/rules/frcp/rule_45
- Federal Rules of Civil Procedure, Rule 26(b)(4) - https://www.law.cornell.edu/rules/frcp/rule_26
- Expert Institute: Subpoenas and Compliance - https://www.expertinstitute.com/resources/insights/expert-witnesses-subpoenas-and-compliance-issues/
- U.S. Courts: Subpoena Form AO 88 - https://www.uscourts.gov/forms/subpoena
IMPORTANT NOTICES:
-
Service must comply with applicable federal or state rules regarding manner and timing.
-
Under FRCP 45(c)(2)(B)(i), a person who is neither a party nor a party's officer may be required to travel more than 100 miles only if the court conditions the subpoena on reasonable compensation.
-
For non-retained experts, additional protections apply under FRCP 45(d)(3)(B)(ii).
-
State court subpoena requirements may differ significantly from federal rules.
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