AO 89B

Subpoena to Produce Documents, Information, or Objects in a Criminal Case

Agency
U.S. Courts
Revision
07/16
Fillable fields
34
Pages
3
Official source
U.S. Courts form page
Checked
October 20, 2026
Fill AO 89B online
Page 1 of form AO 89B

AO 89B: Subpoena to Produce Documents, Information, or Objects in a Criminal Case

AO 89B, Subpoena to Produce Documents, Information, or Objects in a Criminal Case, is a United States District Court form from the U.S. Courts. The U.S. Courts page lists it under Criminal Forms, effective on July 1, 2016, and the PDF prints the edition AO 89B (07/16).

It is a subpoena the court issues, signed by the Clerk or Deputy Clerk with the court's seal, at the request of the attorney representing a party, whose name, address, e-mail and telephone number appear on page 1. It commands the person named to produce the listed books, papers, documents, data or other objects at a place, date and time. Page 2 is the Proof of Service, completed by the person who serves it, and page 3 prints Federal Rule of Criminal Procedure 17 (c), (d), (e), and (g). It is not a form a member of the public files.

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 89B: Subpoena to Produce Documents, Information, or Objects in a Criminal Case, as printed by COURTS

What's on AO 89B

Caption and To line

The United States District Court and district, United States of America v. the defendant, a case number, and the name of the person the subpoena is directed to.

Items to produce

The command to produce the books, papers, documents, data or other objects listed, with boxes for the place and the date and time.

Rule 17 note, clerk and attorney

A note that provisions of Fed. R. Crim. P. 17 are attached, then the date, seal and clerk's signature, and the contact details of the attorney who requests the subpoena.

Notice to requesting parties

A notice about local rules or orders on issuing a Rule 17(c) subpoena, and that a subpoena for certain information about a victim may not be issued unless first approved by separate court order.

Page 2: Proof of Service

Who the subpoena was for and the date received, served by delivery or returned unexecuted and why, lines for witness fees and mileage tendered and the server's travel and service fees, and the server's declaration.

Page 3: Rule 17 text

Federal Rule of Criminal Procedure 17 (c), (d), (e), and (g), marked Effective 12/1/08: producing documents and objects, service, place of service, and contempt.

How AO 89B is filled out

  1. 1

    Check local rules first

    The notice says the party seeking the subpoena is advised to consult the rules of practice of the court where the criminal proceeding is pending. If no local rules or orders govern Rule 17(c), it says counsel should ask the assigned judge.

  2. 2

    Caption and person named

    The district, the defendant and the case number are entered, and the name of the person the subpoena is directed to goes on the To line.

  3. 3

    List the items, place and time

    The books, papers, documents, data or other objects to produce are listed, with the place and the date and time for production.

  4. 4

    Clerk signs, attorney listed

    The Clerk or Deputy Clerk dates and signs, and the party represented and the requesting attorney's name, address, e-mail and telephone number are entered.

  5. 5

    Server completes the Proof of Service

    The server fills in who the subpoena was for and when it was received, checks served or returned unexecuted with the details, enters any witness fees and mileage tendered and the server's fees, and signs under penalty of perjury.

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Court, service and formats

Court

The subpoena is captioned for a United States District Court, with the district named at the top, in a case titled United States of America v. the defendant.

Information about a victim

The form says Rule 17(c) provides that a subpoena for the production of certain information about a victim may not be issued unless first approved by separate court order. Rule 17(c)(3) on page 3 adds that, unless there are exceptional circumstances, the court requires giving notice to the victim before entering the order.

Service and witness fees

Rule 17(d) on page 3 says the server delivers a copy to the witness and tenders one day's witness-attendance fee and the legal mileage allowance, except when the United States, a federal officer, or a federal agency requested the subpoena. The form prints no fee amounts.

Quashing and contempt

Page 1 says Rule 17(c)(2) relates to the ability to file a motion to quash or modify the subpoena, and Rule 17(g) to the duty to respond and the potential consequences of not doing so.

Formats

The U.S. Courts page offers AO 89B as a PDF (1.01 MB). The PDF has Print, Save As, Add Attachment and Reset buttons.

Who uses AO 89B?

  • Clerk of court

    Page 1 has the date, the (SEAL) mark and the CLERK OF COURT block with the Signature of Clerk or Deputy Clerk.

  • The requesting attorney

    Page 1 lists the name, address, e-mail and telephone number of the attorney representing the party who requests the subpoena. A notice on page 1 is addressed to those who use this form to request a subpoena.

  • The person named

    The subpoena is addressed to the person on the To line, who the form commands to produce the listed items at the time, date and place set forth.

  • The server

    Page 2 is completed by the person who received the subpoena for service. Rule 17(d), printed on page 3, says a marshal, a deputy marshal, or any nonparty who is at least 18 years old may serve a subpoena.

The form names who signs it, who requests it, who receives it and who serves it.

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Questions about Form AO 89B

Who issues AO 89B?

The form is signed by the Clerk or Deputy Clerk under CLERK OF COURT, with the court's seal, and page 1 lists the attorney representing the party who requests the subpoena. It is not a form a member of the public files.

What does AO 89B ask the person named to do?

The form commands the person named to produce the listed books, papers, documents, data or other objects at the time, date and place set forth on page 1.

Can the court change or cancel the subpoena?

Page 1 says the attached Rule 17(c)(2) relates to the ability to file a motion to quash or modify the subpoena. Page 3 prints that rule: on motion made promptly, the court may quash or modify the subpoena if compliance would be unreasonable or oppressive.

Can AO 89B ask for information about a victim?

The form says that under Rule 17(c) a subpoena for the production of certain information about a victim may not be issued unless first approved by separate court order. Page 3 prints Rule 17(c)(3), on personal or confidential information about a victim after a complaint, indictment, or information is filed.

Who can serve AO 89B?

Rule 17(d), printed on page 3, says a marshal, a deputy marshal, or any nonparty who is at least 18 years old may serve a subpoena. The server completes the Proof of Service on page 2.

Where are the documents returned?

Page 1 has a place, date and time. The notice says that if no local rules or orders govern Rule 17(c), counsel should ask the assigned judge whether the court specifies where the documents are returned, for example to the court clerk, the chambers of the assigned judge, or counsel's office.

Is this page legal advice?

No. This page explains the form in plain words and is not legal advice. The page does not say what a person named in a subpoena should do.