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Issuing a Subpoena

Official Procedure Last Change September 22, 2026

B2540 Subpoena for Rule 2004 Examination

B2550 Subpoena to Appear and Testify at a Hearing or Trial

B2560 Subpoena to Testify at a Deposition

B2570 Subpoena to Produce Documents, Information or Objects or to Permit Inspection of Premises

  • FRCP 45 made applicable by FRBP 9016
  • Official Forms B2540, B2550, B2560, B2570

General Information

  • A subpoena is a tool to aid in discovery and to compel presentation of witnesses in a trial.

  • The court in which the matter is pending issues the subpoena, no matter what type of action is commanded by the subpoena.

  • The clerk must issue a subpoena, signed but otherwise blank, to a party who requests it.

  • The clerk is not involved in service of a subpoena.

  • A subpoena may be served anywhere within the United States by anyone at least 18 years old and who is not a party.

  • A pro se party needs to have someone else serve the subpoena.

 

Subpoena Requests (Attorney or Pro Se Party)

Note: An attorney may sign and issue a subpoena as an officer of a court if the attorney is authorized to practice in the court where the matter is pending. The Clerk's Office will provide signed subpoenas to requesting counsel, but counsel should be encouraged to proceed without involvement of the Clerk's Office.

  • Any party may request a signed subpoena from the Clerk's Office.

  • Requests may be made in person at the counter, by phone, email or mail (mailed requests must include a self-addressed, stamped envelope).

  • The request must identify the specific subpoena to be issued by the Clerk's Office. 

 

Request for Service of a Subpoena Issued by Another Court

When a subpoena is issued by another court and must be served on a party in the Southern District of Indiana:

  • The attorney must send the subpoena along with the order authorizing the 2004 examination and the fee to open a miscellaneous proceeding. View current fees
  • The Clerk's Office will open a miscellaneous proceeding and file-mark the subpoena, which will be returned to the attorney for service.

 

Miscellaneous Proceedings

While a subpoena is issued by the court in which the matter is pending, other issues may arise that must be addressed by the court for the district where compliance with the subpoena is required.  Those issues may be addressed by opening a miscellaneous proceeding and by filing one of the following:

  • Motion for Contempt
  • Motion for Protective Order
  • Motion for Sanctions
  • Motion to Compel
  • Motion to Modify
  • Motion to Seal

There is a fee required to open a miscellaneous proceeding. View current fees