Caption
The United States District Court and the district, the plaintiff and defendant, and the Civil Action No.
AO 88A
Subpoena to Testify at a Deposition in a Civil Action
- Agency
- U.S. Courts
- Revision
- Rev. 12/20
- Fillable fields
- 40
- Pages
- 3
- Official source
- U.S. Courts form page
- Checked
- October 20, 2026
AO 88A: Subpoena to Testify at a Deposition in a Civil Action
AO 88A, Subpoena to Testify at a Deposition 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 at the time, date and place shown to testify at a deposition, and it can also command that person to bring documents, electronically stored information or objects. The U.S. Courts page lists it under Notice of Lawsuit, Summons, Subpoena, effective on December 1, 2020, and the form is marked Rev. 12/20.
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.
What's on AO 88A
Testimony
A checkbox commanding the person to testify at a deposition, with the place, the date and time, the organization designation sentence, and a line for the method by which the deposition will be recorded.
Production
A checkbox for documents, electronically stored information or objects to bring to the deposition, and to permit inspection, copying, testing or sampling of the material.
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 individual 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 88A
- 1
Fill in the caption
Enter the district, the plaintiff and defendant names, and the civil action number.
- 2
Set the deposition details
Fill in the To line, check Testimony, and enter the place, the date and time, and the method by which the deposition will be recorded.
- 3
List any items to bring
If the subpoena also asks for documents, electronically stored information or objects, check Production and list them in the space below it.
- 4
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.
- 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
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 deposition takes place at the place, date and time shown on page 1.
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.
Objections to production
The attached Rule 45(d)(2)(B) says a written objection to producing or inspecting materials must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served.
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
AO 88
Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action
37 fields, 3 pages
AO 88B
Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
40 fields, 3 pages
AO 90
Subpoena to Testify at a Deposition in a Criminal Case
33 fields, 2 pages
AO 89
Subpoena to Testify at a Hearing or Trial in a Criminal Case
35 fields, 2 pages
AO 110
Subpoena to Testify Before Grand Jury
26 fields, 2 pages
AO 440
Summons in a Civil Action
34 fields, 2 pages
Who uses AO 88A?
The form names the people who sign it, receive it and serve it.
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Questions about Form AO 88A
Who signs AO 88A?
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.
What does AO 88A say about organizations?
The Testimony paragraph says an organization named in the subpoena promptly confers in good faith with the party serving it about the matters listed, or those in an attachment, and designates one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf about those matters.
Does the form say how the deposition is recorded?
It has a line that reads "The deposition will be recorded by this method:" for the method to be filled in.
Can AO 88A also ask for documents?
Yes. The Production box covers documents, electronically stored information or objects to bring to the deposition, and to permit inspection, copying, testing, or sampling of the material.
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.
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.