AO 88

Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action

Agency
U.S. Courts
Revision
Rev. 02/14
Fillable fields
37
Pages
3
Official source
U.S. Courts form page
Checked
October 20, 2026
Fill AO 88 online
Page 1 of form AO 88

AO 88: Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action

AO 88, Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action, is a U.S. Courts form for a civil action in a United States district court. It commands the person named in it to appear in the district court at the time, date and place shown to testify at a hearing or trial. The U.S. Courts page lists it under Notice of Lawsuit, Summons, Subpoena, effective on February 1, 2014, and the form is marked Rev. 02/14.

Page 1 is the subpoena, signed by the Clerk of Court or a Deputy Clerk, or by an attorney. Page 2 is a Proof of Service for the person who serves it. Page 3 prints Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13), which the form says are attached.

This page explains the form in plain words and is not legal advice. You can fill it out free in your browser on this page and download the result without an account.

Top of page 1 of AO 88: Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action, as printed by COURTS

What's on AO 88

Caption

The United States District Court and the district, the plaintiff and defendant, and the Civil Action No.

Command to appear

The name of the person, then the place, courtroom number, date and time, and any documents, electronically stored information or objects to bring, which the form says to leave blank if not applicable.

Signature and attorney details

The date, the clerk's or attorney's signature, the contact details of the attorney who issues or requests the subpoena, and the Rule 45(a)(4) notice.

Proof of Service

Page 2: the date received, delivery to the named person or return unexecuted, witness fees and mileage tendered, the server's travel and service fees, the declaration under penalty of perjury, and notes on attempted service.

Rule 45 text

Page 3 prints Rule 45(c) on the place of compliance, 45(d) on protecting a person subject to a subpoena, 45(e) on duties in responding, and 45(g) on contempt.

How to fill out AO 88

  1. 1

    Fill in the caption

    Enter the district, the plaintiff and defendant names, and the civil action number.

  2. 2

    Name the person and the hearing

    Fill in the To line, the place, courtroom number, date and time, and list any documents, electronically stored information or objects to bring, or leave that space blank if not applicable.

  3. 3

    Sign and add the attorney's details

    Date the form. It is signed by the Clerk of Court or a Deputy Clerk, or by an attorney, and lists the name, address, email and phone of the attorney who issues or requests it.

  4. 4

    Check the notice to the parties

    The notice at the bottom of page 1 covers a subpoena that commands production of documents, electronically stored information or tangible things before trial, citing Fed. R. Civ. P. 45(a)(4).

  5. 5

    Complete the proof of service

    The server fills in page 2: the date received, how it was served or why it was returned unexecuted, the fees, and signs with a printed name, title and address.

  6. 6

    Keep the Rule 45 page attached

    The form says the provisions of Fed. R. Civ. P. 45(c), (d), (e) and (g) are attached. Page 3 prints them.

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Court, fees and Rule 45 terms

Court

The form is captioned for a United States District Court in a civil action. The person named appears in the United States district court at the place shown.

Proof of service

Page 2 says the Proof of Service section should not be filed with the court unless required by Fed. R. Civ. P. 45.

Fees

The form does not print a fee amount. The proof of service has blanks for the witness fees for one day's attendance and the mileage allowed by law, unless the subpoena was issued on behalf of the United States or one of its officers or agents, and for the server's travel and service fees.

Place of compliance

The attached Rule 45(c)(1) says a subpoena may command a person to attend a trial, hearing, or deposition only within 100 miles of where the person resides, is employed, or regularly transacts business in person, or within the state in the cases it lists.

Contempt

The attached Rule 45(g) says the court for the district where compliance is required may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena or an order related to it.

Related forms

Who uses AO 88?

  • The clerk or an attorney who issues it

    Page 1 has a signature line for the Clerk of Court (Signature of Clerk or Deputy Clerk) or, as the alternative, the attorney's signature, plus the name, address, email and phone of the attorney for the party who issues or requests the subpoena.

  • The person it is directed to

    The To line names the person. The form commands that person to appear and testify, and says that on arrival they remain at the court until the judge or a court officer allows them to leave.

  • The person who serves it

    Page 2, Proof of Service, is completed by the server: when the subpoena was received, how it was served or why it was returned unexecuted, fees, and a signature under penalty of perjury.

  • The other parties

    The notice on page 1 says that if the subpoena commands production of documents, electronically stored information or tangible things before trial, a notice and a copy are served on each party before it is served on the named person, citing Fed. R. Civ. P. 45(a)(4).

The form names the people who sign it, receive it and serve it.

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Questions about Form AO 88

Who signs AO 88?

Page 1 has a signature line for the Clerk of Court or a Deputy Clerk, or, as the alternative, an attorney's signature. The server signs the Proof of Service on page 2.

Can AO 88 also ask for documents?

Page 1 has a space for documents, electronically stored information or objects the person brings along. The form says to leave it blank if not applicable.

How long does the named person stay at court?

The form says that on arrival the person remains at the court until the judge or a court officer allows them to leave.

What does the attached rule say about distance?

Rule 45(c)(1), printed on page 3, says a subpoena may command attendance at a trial, hearing, or deposition only within 100 miles of where the person resides, is employed, or regularly transacts business in person, or within the state if the person is a party or a party's officer, or is commanded to attend a trial and would not incur substantial expense.

Is the proof of service filed with the court?

Page 2 says it should not be filed with the court unless required by Fed. R. Civ. P. 45.

When does the attached rule say a court quashes a subpoena?

Rule 45(d)(3)(A), as printed on page 3, says that on timely motion the court for the district where compliance is required must quash or modify a subpoena that fails to allow a reasonable time to comply, requires compliance beyond the limits in Rule 45(c), requires disclosure of privileged or other protected matter if no exception or waiver applies, or subjects a person to undue burden.

Is this page legal advice?

No. This page explains what the form and its attached rule text say in plain words. It does not say how to respond to a subpoena or whether to issue one.