Subpoena for Deposition - Personal Injury

SUBPOENA TO TESTIFY AT A DEPOSITION IN A FEDERAL CIVIL ACTION — PERSONAL INJURY

Before you use this: Complete the command and selected schedules, confirm the place of compliance and any remote-deposition authority, serve party notice first if production is commanded, and keep the full Rule 45(d) and (e) text attached to every served copy.

UNITED STATES DISTRICT COURT FOR THE [________________] DISTRICT OF [________________]

COMMAND TO THE NAMED PERSON

To: [FULL LEGAL NAME / ENTITY AND SERVICE ADDRESS: ________________________________]

You are commanded to appear and testify at a deposition in this civil action at the time and place below. The deposition will be recorded by [STENOGRAPHIC / AUDIOVISUAL / OTHER SPECIFIED METHOD].

Compliance-location check: The named person's residence, employment, or regular in-person business location is [________________]. Confirm the commanded deposition location is within Rule 45(c)(1)'s limits. For remote testimony, Rule 30(b)(4) requires a stipulation or court order, and the deposition takes place where the witness answers the questions: [ADDRESS].

☐ Production also commanded: Bring the selected records in Schedule A to the deposition and permit inspection, copying, testing, or sampling as applicable.

☐ Testimony only: Schedule A is omitted.

If the named person is an organization: Schedule B states the matters for examination with reasonable particularity. The organization must confer in good faith with the serving party about those matters and designate one or more officers, directors, managing agents, or other persons who consent to testify for it about information known or reasonably available to it.

This subpoena issues from the court where the action is pending.

Date issued: [__/__/____]

☐ Clerk or deputy clerk: [SIGNATURE: ________________________________]

☐ Attorney authorized to practice in the issuing court: [SIGNATURE: ________________________________]

Issuing party and attorney name, bar number, address, email, and telephone: [________________________________]

SCHEDULE A — INCIDENT AND INJURY RECORDS, IF SELECTED

Complete the incident, person, provider, and date limits before service. Select only records tied to a claim or defense; delete unused rows. Medical material from a HIPAA-covered entity requires the separate disclosure review below.

Incident: [DATE / LOCATION / DESCRIPTION] Person or patient: [NAME] Date range: [START] through [END]

Production contact: [NAME / EMAIL / PHONE]. The recipient may assert privilege, privacy, or Rule 45 protections. This schedule does not override a valid authorization, court order, or required protective process.

SCHEDULE B — ORGANIZATIONAL MATTERS, IF APPLICABLE

PROTECTED HEALTH INFORMATION, IF THE PRODUCING ENTITY IS HIPAA-COVERED

A subpoena alone does not establish a covered entity's permission to disclose protected health information. Select and document the route actually used; records held by a person outside HIPAA coverage may require a different privacy analysis.

☐ Valid individual authorization under 45 C.F.R. § 164.508, attached and checked for scope.

☐ Court or tribunal order under § 164.512(e)(1)(i), attached; request only PHI expressly authorized by that order.

☐ Subpoena without order under § 164.512(e)(1)(ii), with the written statement and documentation giving the covered entity satisfactory assurance of either qualifying individual notice or reasonable efforts to secure a qualified protective order: [ATTACHMENTS / DATES].

Privacy scope, protective order, and custodian review: [________________________________]

PARTY NOTICE BEFORE SERVICE, IF PRODUCTION IS COMMANDED

I certify that a notice and copy of this completed subpoena, including Schedule A, were served on each party before service on the named person, as required by Rule 45(a)(4).

Noticing attorney signature and date: [________________________________]

SERVICE AND FEE TENDER

A server at least 18 years old who is not a party must deliver a copy to the named person. Because testimony is commanded, tender one day's attendance fee and mileage allowed by law with service unless the subpoena issues on behalf of the United States or its officer or agency. Under 28 U.S.C. § 1821(b), the attendance fee is $40; calculate private-vehicle mileage using the current GSA allowance under § 1821(c)(2), or the applicable travel allowance for another mode.

Proof of service: I, [SERVER NAME], certify that I am at least 18 and not a party; that I delivered this completed subpoena and its schedules and Rule 45 attachment to [NAMED PERSON] at [PLACE] on [__/__/____] at [TIME]; and that I tendered the required fees and mileage in the amount recorded above [OR STATE THE FEDERAL-PARTY EXCEPTION].

Server signature, printed name, address, and date: [________________________________]

SOURCES AND OFFICIAL FORM

Current Federal Rules of Civil Procedure (December 1, 2025): https://www.uscourts.gov/sites/default/files/document/federal-rules-of-civil-procedure.pdf

Official AO 88A is an available model: https://www.uscourts.gov/sites/default/files/ao088a.pdf

28 U.S.C. § 1821: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1821&num=0&edition=prelim

45 C.F.R. §§ 164.508 and 164.512: https://www.govinfo.gov/bulkdata/ECFR/title-45/ECFR-title45.xml

Rule 45(d) and (e) — text to accompany the subpoena

The following is the text of Federal Rule of Civil Procedure 45(d) and (e) from the December 1, 2025 official federal rules compilation. Keep this section with every served copy.

Official federal form reference: AO 88A, https://www.uscourts.gov/sites/default/files/ao088a.pdf

(d) PROTECTING A PERSON SUBJECT TO A SUBPOENA; ENFORCEMENT.

(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate sanction—which may include lost earnings and reasonable attorney’s fees—on a party or attorney who fails to comply.

(2) Command to Produce Materials or Permit Inspection.

(A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.

(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the premises—or to producing electronically stored information in the form or forms requested. The objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served. If an objection is made, the following rules apply:

(i) At any time, on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection.

(ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party’s officer from significant expense resulting from compliance.

(3) Quashing or Modifying a Subpoena.

(A) When Required. On timely motion, the court for the district where compliance is required must quash or modify a subpoena that:

(i) fails to allow a reasonable time to comply;

(ii) requires a person to comply beyond the geographical limits specified in Rule 45(c);

(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or

(iv) subjects a person to undue burden.

(B) When Permitted. To protect a person subject to or affected by a subpoena, the court for the district where compliance is required may, on motion, quash or modify the subpoena if it requires:

(i) disclosing a trade secret or other confidential research, development, or commercial information; or

(ii) disclosing an unretained expert’s opinion or information that does not describe specific occurrences in dispute and results from the expert’s study that was not requested by a party.

(C) Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:

(i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and

(ii) ensures that the subpoenaed person will be reasonably compensated.

(e) DUTIES IN RESPONDING TO A SUBPOENA.

(1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information:

(A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.

(B) Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.

(C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form.

(D) Inaccessible Electronically Stored Information. The person responding 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 for a protective order, the person responding must show that the information 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) Claiming Privilege or Protection.

(A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material must:

(i) expressly make the claim; and

(ii) describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.

(B) Information Produced. If information produced in response to a subpoena 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; must not use or disclose the information until the claim is resolved; must take reasonable steps to retrieve the information if the party disclosed it before being notified; and may promptly present the information under seal to the court for the district where compliance is required for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.