Caption
The United States District Court and the district, the case name United States of America v. the defendant, and the case number.
AO 89
Subpoena to Testify at a Hearing or Trial in a Criminal Case
- Agency
- U.S. Courts
- Revision
- Rev. 08/09
- Fillable fields
- 35
- Pages
- 2
- Official source
- U.S. Courts form page
- Checked
- October 20, 2026
AO 89: Subpoena to Testify at a Hearing or Trial in a Criminal Case
AO 89, Subpoena to Testify at a Hearing or Trial in a Criminal Case, is a U.S. Courts form for a criminal case in a United States district court, captioned United States of America v. the defendant. It commands the person named in it to appear in the district court at the time, date and place shown to testify in the case. The U.S. Courts page lists it under Subpoena Forms, effective on August 1, 2009, and the form is marked Rev. 08/09.
Page 1 is the subpoena, with a place for the court's seal and the signature of the Clerk of Court or a Deputy Clerk, and the contact details of the attorney who requests it. Page 2 is a Proof of Service for the person who serves it.
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 89
Command to appear
The name of the person, the place of appearance, 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.
Seal and clerk's signature
The (SEAL) area, the date, and the CLERK OF COURT line for the signature of the Clerk or Deputy Clerk.
Requesting attorney
The name, address, email and telephone number of the attorney representing the party who requests the subpoena.
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.
How to fill out AO 89
- 1
Fill in the caption
Enter the district, the defendant's name in the United States of America v. caption, and the case number.
- 2
Name the person and the hearing
Fill in the To line, the place of appearance, 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
Add the requesting attorney
Enter the party's name and the name, address, email and telephone number of the attorney who requests the subpoena.
- 4
Clerk's seal and signature
The form has a date, a (SEAL) area and a line for the signature of the Clerk or Deputy Clerk.
- 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.
Why fill Form AO 89 on indox
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Court, fees and service
Court
The form is captioned for a United States District Court in a criminal case. The person named appears in the United States district court at the place shown.
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.
Proof of service
The server declares under penalty of perjury that the information is true, and signs with a printed name, title and address. There is a space for additional information about attempted service.
Formats
The U.S. Courts page offers AO 89 as a PDF download. The PDF has Print, Save As, Add Attachment and Reset buttons.
Related forms
AO 89B
Subpoena to Produce Documents, Information, or Objects in a Criminal Case
34 fields, 3 pages
AO 90
Subpoena to Testify at a Deposition in a Criminal Case
33 fields, 2 pages
AO 110
Subpoena to Testify Before Grand Jury
26 fields, 2 pages
AO 88
Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action
37 fields, 3 pages
AO 443
Warrant for the Arrest of a Witness or Material Witness in a Pending Criminal Case
47 fields, 2 pages
AO 99
Appearance Bond of Witness
30 fields, 2 pages
Who uses AO 89?
The form names the people who sign it, request it, receive it and serve it.
Official sources and the blank
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Questions about Form AO 89
Who signs AO 89?
Page 1 has a line for the signature of the Clerk or Deputy Clerk under CLERK OF COURT, next to a (SEAL) area. The server signs the Proof of Service on page 2.
Does an attorney sign AO 89?
The form has no attorney's signature line. It lists the name, address, email and telephone number of the attorney representing the party who requests the subpoena.
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.
Can AO 89 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.
Does AO 89 print witness fee amounts?
No. The proof of service has blank lines for the witness fees for one day's attendance and the mileage allowed by law, which it says apply unless the subpoena was issued on behalf of the United States or one of its officers or agents.
Is this page legal advice?
No. This page explains what the form says in plain words. It does not say how to respond to a subpoena or whether to request one.