Fed. R. Civ. P. 45 — Subpoena
Last verified: May 19, 2026 · U.S. Courts — FRCP.
Plain English
A subpoena is how you compel a non-party to testify or produce documents. Rule 45 governs them in federal court. Two pieces matter most. First, the 100-mile rule: you generally cannot command a person to travel more than 100 miles from where they live, work, or regularly transact business. Second, the 2013 amendments made the issuing court the court where the case is pending — but enforcement and motions to quash happen in the district where compliance is required.
Key Cases & Authority
- CivilLink / In re Subpoena (Cusumano v. Microsoft Corp.), 162 F.3d 708 (1st Cir. 1998) — Heightened scrutiny for subpoenas seeking journalists’ or academics’ confidential materials.
- Watts v. SEC, 482 F.3d 501 (D.C. Cir. 2007) — Personal jurisdiction and the place-of-compliance framework for Rule 45 motions.
- 2013 Amendments — Centralized subpoena issuance in the trial court while keeping compliance disputes local.
Florida Parallel
Fla. R. Civ. P. 1.410 — Florida’s subpoena rule is parallel; geographic and quash standards differ in detail from federal Rule 45.
About this rule walkthrough
Part of The Federal Rule Book, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(a) Every subpoena must state the court from which it issued, the title of the action, and command each person to attend and testify, produce documents/ESI/tangible things, or permit inspection of premises.
(c) Place of compliance: a subpoena may command attendance within 100 miles of where the person resides, is employed, or regularly transacts business in person; or within the state for trial if the person is a party or party’s officer, or would not incur substantial expense.
(d)(3) On timely motion, the court for the district where compliance is required must quash or modify a subpoena that fails to allow reasonable time, requires excessive travel, requires disclosure of privileged matter, or subjects a person to undue burden.
Educational reference. This page summarizes a Federal Rule of Civil Procedure for educational purposes. It is not legal advice. Federal procedural rules can change — always verify the current text at uscourts.gov before relying on this summary in any case.
What this rule means in plain English
A subpoena compels a non-party to testify or produce documents. Rule 45’s 100-mile rule limits how far a person can be made to travel. The 2013 amendments centralized issuance in the trial court while keeping motions to quash in the district where compliance is required.