Depositions
Fundamentals
A deposition subpoena issued under Rule 45 commands a non-party's attendance. It may be combined with a document production command and is subject to geographic limits on where compliance may be required.
Parties must be given notice before issuance.
Alternative Names:
Testimonial Subpoena, Subpoena to Testify
Why it Matters?
The hundred-mile limit is the constraint that shapes non-party deposition planning, since a witness cannot be compelled to travel beyond it and remote depositions have become the practical answer. The notice requirement to other parties is separately enforced, and failing to give it before serving the subpoena can result in the testimony being stricken. Both are routine but frequently overlooked.
Frequently Confused with
Related terms
Frequently asked questions
How far can a witness be compelled to travel?
What notice is required?
