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C. Other Requirements for Service of Subpoena

Rule 45 has other requirements for issuing and serving a subpoena.

  1. ISSUANCE. Only an attorney authorized to practice in the court where the subpoena is issued may issue and sign a subpoena. Otherwise, the clerk of court must issue the subpoena. Rule 45(a)(3), Federal Rules of Civil Procedure.
     
  2. SERVICE. Any person who is at least 18 years old and not a party may serve a subpoena by delivering a copy to the named person. Rule 45(b)(1), Federal Rules of Civil Procedure. A subpoena may be served at any place within the United States. Rule 45(b)(2), Federal Rules of Civil Procedure.
     
  3. FEE. If the person’s attendance is required, the fee for 1 day's attendance and the mileage allowed by law must be provided when the subpoena is served, unless the subpoena is issued on behalf of the United States or any of its  officers or agencies. Rule 45(b), Federal Rules of Civil Procedure. 
     
  4. PLACE OF COMPLIANCE. A subpoena may command a person to provide deposition testimony or other information only within 100 miles of where the person resides, is employed, or regularly transacts business in person. Rule 45(c), Federal Rules of Civil Procedure.