Subpoena Ad Testificandum

Subpoena Ad Testificandum

Subpoena Ad Testificandum

A subpoena ad testificandum compels attendance to testify. Geographic limits restrict where compliance may be required, generally within one hundred miles of where the person resides, is employed, or regularly transacts business.

Witness fees and mileage must be tendered.

Alternative Names:

Testimonial Subpoena, Subpoena to Testify

Why it Matters?

Tendering the witness fee at service is a requirement frequently overlooked, and a subpoena served without it is defective in many jurisdictions. The geographic limit shapes trial planning, since a key non-party witness beyond the range cannot be compelled to appear, which makes a preservation deposition necessary. Identifying those witnesses early rather than at the pretrial conference is the practical discipline.

Frequently asked questions

Must witness fees be tendered at service?

Must witness fees be tendered at service?

Yes in federal practice and most states, and a subpoena served without the fee and mileage is defective.

What if a witness is beyond the geographic limit?

What if a witness is beyond the geographic limit?

They cannot be compelled to appear at trial, which makes a preservation deposition necessary if their testimony is needed.