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 or organization the subpoena is addressed to.
AO 90
Subpoena to Testify at a Deposition in a Criminal Case
- Agency
- U.S. Courts
- Revision
- Rev. 08/09
- Fillable fields
- 33
- Pages
- 2
- Official source
- U.S. Courts form page
- Checked
- October 20, 2026
AO 90: Subpoena to Testify at a Deposition in a Criminal Case
AO 90, Subpoena to Testify at a Deposition in a Criminal Case, is a United States District Court form from the U.S. Courts. The U.S. Courts page lists it under Subpoena Forms, effective on August 1, 2009, and the PDF prints the edition AO 90 (Rev. 08/09).
It is a subpoena the court issues, signed by the Clerk or Deputy Clerk with the court's seal, on application of an attorney whose name, address, e-mail and telephone number appear on page 1. It commands the person named to appear at a place, date and time to testify at a deposition in a criminal case, and may list documents, electronically stored information or objects to bring. Page 2 is the Proof of Service, completed by the person who serves it. 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.
What's on AO 90
Command to testify
The command to appear at the time, date and place set out to testify at a deposition in a criminal case, and space for the matters a nonparty organization's designated persons testify about, or an attachment.
Place, date and time
Boxes for the place and the date and time of the deposition.
Items to bring
Space for documents, electronically stored information, or objects to bring to the deposition, left blank if not applicable.
Clerk and applying attorney
The date, the seal, the Clerk or Deputy Clerk's signature, and the name, address, e-mail and telephone number of the attorney on whose application the subpoena was issued.
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.
How AO 90 is filled out
- 1
Caption and person named
The district, the defendant and the case number are entered, and the name of the person or organization the subpoena is addressed to goes on the To line.
- 2
Matters for an organization
For a nonparty organization, the matters its designated persons testify about are listed on the form or in an attachment.
- 3
Place, date and time
The place and the date and time of the deposition are filled in.
- 4
Items to bring, if any
Any documents, electronically stored information, or objects to bring are listed. The form says the space is blank if not applicable.
- 5
Clerk signs, attorney listed
The Clerk or Deputy Clerk dates and signs, and the applying attorney's name, address, e-mail and telephone number are entered.
- 6
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.
Why fill Form AO 90 on indox
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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.
Service
Page 2 records service by delivering a copy to the named person, or that the subpoena was returned unexecuted and why. The server declares under penalty of perjury that the information is true.
Witness fees
Page 2 says that, unless the subpoena was issued on behalf of the United States, or one of its officers or agents, the server also tendered fees for one day's attendance and the mileage allowed by law. The form prints no fee amounts.
Formats
The U.S. Courts page offers AO 90 as a PDF (274.82 KB). The PDF has Print, Save As, Add Attachment and Reset buttons.
Related forms
AO 89
Subpoena to Testify at a Hearing or Trial in a Criminal Case
35 fields, 2 pages
AO 89B
Subpoena to Produce Documents, Information, or Objects in a Criminal Case
34 fields, 3 pages
AO 110
Subpoena to Testify Before Grand Jury
26 fields, 2 pages
AO 88A
Subpoena to Testify at a Deposition in a Civil Action
40 fields, 3 pages
AO 88
Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action
37 fields, 3 pages
Who uses AO 90?
The form names who signs it, who applies for it, who receives it and who serves it.
Official sources and the blank
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Questions about Form AO 90
Who issues AO 90?
The form is signed by the Clerk or Deputy Clerk under CLERK OF COURT, with the court's seal, and page 1 says it is issued on application of an attorney whose contact details are listed. It is not a form a member of the public files.
What does AO 90 ask the person named to do?
The form commands the person named to appear at the time, date and place set out on page 1 to testify at a deposition in a criminal case.
What if the subpoena is addressed to an organization?
The form says an organization that is not a party in the case designates one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf about the matters listed on the form or in an attachment.
Does AO 90 ask for documents?
It can. Page 1 has a space for documents, electronically stored information, or objects to bring to the deposition, and the form says the space is blank if not applicable.
What is the Proof of Service on page 2?
It is where the person who received the subpoena for service records whether it was delivered to the named person or returned unexecuted, enters any fees, and signs a declaration under penalty of perjury that the information is true.
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.