A subpoena is a court order that requires a person or company officer to:
In the Federal Circuit Court, the same form can be used for any of the above.
You can get a blank subpoena from:
You should get
legal advice before preparing, filing and serving a subpoena.
To see what a completed application form could look like, see
At the bottom of each subpoena on the first page there should be a box with the details of
You will need to fill out this box.
The second page will have the details of the order to attend and/or to produce documents, including the time, date and place the witness must attend or produce documents. There are three parts. Which part you use will depend on the type of subpoena you want to serve.
You can cross out the two parts you don't want to use, and fill in the details of the part you do want to use.
The third page will list the documents and items that need to be produced under the subpoena.
You need to be clear about what documents you want. If you are too vague, the court might order that the subpoena doesn't have to be complied with.
A blank subpoena form that you get from the Federal Circuit Court will also include extra pages containing:
You should make sure your subpoena includes these extra pages when you file and serve it. You can leave the Notice of Objection form blank.
If the subpoena requires a person to attend court and give evidence, the subpoena must be served by hand on the person. That means they should be given the subpoena, or it can be put down in their presence if they won't accept it. If the subpoena only requires someone to produce documents, it can be served by post or fax.
When serving a subpoena, you should also give the person served 'conduct money', which is enough money for them to travel from their place of residence to the court. This amount should be at least $25.00.
A Notice of Objection can be filed by the person who is served with the subpoena if they object to the subpoena for any reason. Once a Notice of Objection is filed, the Federal Circuit Court will list the objection for hearing. If a person or company you subpoenaed has filed a Notice of Objection, you should get