Jump Links
The AO 88B form serves as a significant instrument within the framework of civil litigation in the United States. Designed specifically as a subpoena for the production of documents, information, or objects, it also encompasses permissions for the inspection of premises, combining essential functions that aid in the discovery process. Utilizing this form, a party involved in a litigation can command another individual or organization to present evidence—or to allow for physical inspection of specific locations relevant to the case—thereby demonstrating the importance of gathering pertinent information to support or refute claims. The form requires clear identification of the requesting party as well as the recipient, which aids in establishing accountability and clarity. Compliance stipulations are included, detailing when and where the requested materials should be produced, or the premises made accessible. Additionally, the form features provisions that protect the recipient, ensuring that undue burden or expense is avoided where possible. A section devoted to proofs of service is also present, allowing the serving party to document their actions in delivering the subpoena. In conjunction with Federal Rules of Civil Procedure, particularly Rule 45, the AO 88B ensures adherence to legal standards while providing essential rights and duties for those involved in the subpoena process, making it a vital element in the pursuit of justice.
Ao 88B Example
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action
UNITED STATES DISTRICT COURT
|
|
for the |
|
|
__________ District of __________ |
||
|
|
) |
|
Plaintiff |
) |
|
|
v. |
) |
Civil Action No. |
|
|
) |
|
|
|
) |
|
|
Defendant |
|
) |
|
SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS
OR TO PERMIT INSPECTION OF PREMISES IN A CIVIL ACTION
To:
(Name of person to whom this subpoena is directed)
’Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following documents, electronically stored information, or objects, and to permit inspection, copying, testing, or sampling of the material:
Place:
Date and Time:
’Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.
Place:
Date and Time:
The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance; Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to respond to this subpoena and the potential consequences of not doing so.
Date:
CLERK OF COURT
OR
Signature of Clerk or Deputy Clerk |
|
Attorney’s signature |
The name, address,
, who issues or requests this subpoena, are:
Notice to the person who issues or requests this subpoena
If this subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to whom it is directed. Fed. R. Civ. P. 45(a)(4).
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
I received this subpoena for (name of individual and title, if any)
on (date) |
. |
|
|
|
|
’I served the subpoena by delivering a copy to the named person as follows:
on (date) |
|
; or |
|
|
|
’I returned the subpoena unexecuted because:
Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
$ |
|
|
. |
|
|
|
|
|
|
|
|
|
|
My fees are $ |
for travel and $ |
|
for services, for a total of $ |
0.00 |
||
|
|
|
|
|
|
|
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc.:
.
.
Save As...
Add Attachment
Reset
AO 88B (Rev. 02/14) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action(Page 3)
Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
(c)Place of Compliance.
(1)For a Trial, Hearing, or Deposition. A subpoena may command a person to attend a trial, hearing, or deposition only as follows:
(A)within 100 miles of where the person resides, is employed, or regularly transacts business in person; or
(B)within the state where the person resides, is employed, or regularly transacts business in person, if the person
(i)is a party or a party’s officer; or
(ii)is commanded to attend a trial and would not incur substantial expense.
(2)For Other Discovery. A subpoena may command:
(A)production of documents, electronically stored information, or tangible things at a place within 100 miles of where the person resides, is employed, or regularly transacts business in person; and
(B)inspection of premises at the premises to be inspected.
(d)Protecting a Person Subject to a Subpoena; Enforcement.
(1)Avoiding Undue Burden or Expense; Sanctions. A party or attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The court for the district where compliance is required must enforce this duty and impose an appropriate
(2)Command to Produce Materials or Permit Inspection.
(A)Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.
(B)Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing, or sampling any or all of the materials or to inspecting the
(i)At any time, on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection.
(ii)These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party’s officer from significant expense resulting from compliance.
(3)Quashing or Modifying a Subpoena.
(A)When Required. On timely motion, the court for the district where compliance is required must quash or modify a subpoena that:
(i)fails to allow a reasonable time to comply;
(ii)requires a person to comply beyond the geographical limits specified in Rule 45(c);
(iii)requires disclosure of privileged or other protected matter, if no exception or waiver applies; or
(iv)subjects a person to undue burden.
(B)When Permitted. To protect a person subject to or affected by a subpoena, the court for the district where compliance is required may, on motion, quash or modify the subpoena if it requires:
(i)disclosing a trade secret or other confidential research, development, or commercial information; or
(ii)disclosing an unretained expert’s opinion or information that does not describe specific occurrences in dispute and results from the expert’s study that was not requested by a party.
(C)Specifying Conditions as an Alternative. In the circumstances described in Rule 45(d)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under specified conditions if the serving party:
(i)shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and
(ii)ensures that the subpoenaed person will be reasonably compensated.
(e)Duties in Responding to a Subpoena.
(1)Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information:
(A)Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.
(B)Form for Producing Electronically Stored Information Not Specified. If a subpoena does not specify a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.
(C)Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form.
(D)Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order discovery from such sources if the requesting party shows good cause, considering the limitations of Rule 26(b)(2)(C). The court may specify conditions for the discovery.
(2)Claiming Privilege or Protection.
(A)Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to protection as
(i)expressly make the claim; and
(ii)describe the nature of the withheld documents, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.
(B)Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as
(g) Contempt.
The court for the district where compliance is
For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
File Breakdown
| Fact Name | Details |
|---|---|
| Purpose of AO 88B | The AO 88B form serves as a subpoena for the production of documents, information, or objects, as well as the permission to inspect premises in civil litigation. Its primary aim is to obtain relevant evidence necessary for a case. |
| Regulatory Basis | This form is governed by Federal Rule of Civil Procedure 45, which outlines the procedures for issuing and responding to subpoenas in federal court. State-specific local rules may also apply. |
| Service Requirements | Before serving the AO 88B to the recipient, the issuing party must notify all other parties involved in the case. This ensures transparency and allows for any objections to be raised in advance. |
| Consequences of Non-compliance | If a person fails to respond to the subpoena without a valid excuse, they may face contempt proceedings by the court. This can result in penalties, including fines or, in extreme cases, imprisonment. |
Guide to Using Ao 88B
Filling out the AO 88B form is essential for issuing a subpoena in a civil action. This process ensures that all necessary documents, information, or objects are properly requested, allowing for a smoother legal procedure. Follow these steps carefully to complete the form accurately.
- Begin by identifying the District and entering it in the designated space.
- Fill in the name of the plaintiff and defendant.
- Write the Civil Action Number in the provided area.
- In the "To" section, enter the name of the person the subpoena is directed to.
- Determine if the subpoena requests production or inspection of materials:
- If it's for production, list the documents or objects required.
- If it's for inspection, specify the place to be inspected.
- Include the Date and Time for production or inspection.
- Sign the form with either the Clerk of Court's signature or your Attorney's signature.
- Provide the name, address, e-mail address, and telephone number of the attorney requesting the subpoena.
- If applicable, note that copies of the subpoena must be served on all parties before it goes to the person it's directed at.
- Complete the Proof of Service section, detailing how, when, and to whom the subpoena was delivered.
Upon filling out the form, ensure it is presented to the appropriate court. Adhering to procedures around the delivery and timing is vital to maintain legal integrity. Following these steps will assist in successfully issuing the subpoena.
Get Answers on Ao 88B
What is the purpose of the AO 88B form?
The AO 88B form serves as a subpoena that commands an individual or organization to produce documents, information, or objects, or permits the inspection of premises in a civil action. It formalizes a request for the necessary evidence or inspection needed for a case, ensuring which materials need to be provided and under what circumstances.
Who can be issued an AO 88B subpoena?
Any individual or organization that may have relevant documents or information pertaining to a civil action can be issued an AO 88B subpoena. This includes parties involved in the case, as well as third parties who possess information related to the matter in dispute.
What should I do if I receive an AO 88B subpoena?
If you receive an AO 88B subpoena, follow these steps:
- Carefully read the document to understand what is being requested.
- Determine whether you are able to comply with the requests listed in the subpoena.
- If you have objections to the subpoena, write them down and inform the issuing party.
- Consult with legal counsel if necessary, especially if there are concerns about privilege or undue burden.
- Ensure you comply with the subpoena by the date specified within it, or seek modifications if needed.
Are there any protections for individuals subject to an AO 88B subpoena?
Yes, the AO 88B form and Federal Rule of Civil Procedure 45 provide certain protections for individuals. These include:
- The right to object to the subpoena if it imposes an undue burden or expense.
- The ability to request modifications if the requirements are unreasonable.
- Legal protections against disclosing privileged information or trade secrets.
What happens if I do not comply with the AO 88B subpoena?
Failure to comply with the subpoena without a valid excuse can lead to consequences, including being held in contempt of court. Penalties might involve sanctions such as fines, orders to pay attorney fees, or other legal actions to compel compliance.
Can I assert objections to the subpoena?
Yes, you have the right to assert objections. It's important to communicate these objections in writing to the party that issued the subpoena before the compliance date or within 14 days of being served. Ensure your objections clearly state your reasons, as this can help in any further negotiations or court proceedings.
What information must be included when responding to the AO 88B subpoena?
When responding, ensure that you include:
- The documents or information as they are kept in the usual course of business, or organized according to the categories requested.
- Details of any withheld information, including the basis for withholding it as privileged or protected.
Is there a time limit for responding to the AO 88B subpoena?
Yes, the subpoena will specify a date and time for compliance. If you need more time or wish to object, it is crucial to act promptly and communicate these needs to the issuing party as soon as possible. Generally, a response to any objections must occur within 14 days after the subpoena is served.
Common mistakes
When filling out the AO 88B form, it’s important to avoid common mistakes that can complicate the process. One major error is failing to provide the correct names and addresses of the parties involved. Accuracy matters. If the names or addresses are incorrect, it can lead to delays or even having the subpoena dismissed.
Another frequent mistake is neglecting to include the date and time for compliance. This detail is crucial. Without specifying when the requested documents or objects are to be produced, the recipient of the subpoena may not understand when they are required to comply, resulting in confusion.
Some users also overlook the section regarding proof of service. This part confirms that the subpoena has been delivered correctly. Without this proof, it’s difficult to demonstrate that the intended recipient received the subpoena, which can undermine the legal process.
It’s also not uncommon to forget about fees for the witness or server. Federal law requires that the individual serving the subpoena must provide the necessary fees. Skipping this step can lead to issues with compliance, as the recipient may refuse to respond without being compensated.
Many people mistakenly assume that they can simply handwrite amendments to the form. However, the AO 88B form should always be completed electronically or typed, maintaining a professional appearance. Handwritten changes can lead to misinterpretations and may not be legally acceptable.
Finally, not reviewing attached provisions from the Federal Rules of Civil Procedure is a critical error. These rules outline the rights and responsibilities of those involved with a subpoena. Failing to familiarize oneself with these can lead to unforeseen complications in both serving and responding to the subpoena.
Documents used along the form
The Ao 88B form is a subpoena used in civil actions to request the production of documents, information, or objects, or to allow inspection of premises. There are several other documents that often accompany this form during legal proceedings. These documents provide additional context, clarify responsibilities, and ensure compliance with legal standards.
- Affidavit of Service: This document provides proof that the subpoena has been properly served to the recipient. It details who served the subpoena, when it was served, and how.
- Certificate of Compliance: This certificate confirms that the party has complied with the requests outlined in the subpoena. It may include a description of the documents produced or inspected.
- Written Objection: If the recipient of the subpoena believes the request is unreasonable or burdensome, they may file a written objection. This document explains the reasons for non-compliance with the subpoena.
- Motion to Quash: This is a formal request to the court to nullify the subpoena, arguing that it is improper. The motion outlines the legal basis for why the subpoena should be dismissed.
- Protective Order Request: If a party seeks to limit the scope of what the subpoena is requesting, they may file for a protective order. This document aims to safeguard sensitive information or reduce the burden of compliance.
These documents are essential in managing the subpoena process, ensuring that all parties understand their rights and responsibilities. They facilitate communication between involved parties and the court, helping to maintain order during legal proceedings.
Similar forms
The AO 88B form, also known as a Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action, shares similarities with several other legal documents that perform related functions in the legal process. Below is a list of ten documents similar to the AO 88B form, along with descriptions of how they relate to it:
- Civil Subpoena (Federal or State): Like the AO 88B, a civil subpoena requires individuals to provide documents or testimony. However, it may be issued under different rules depending on whether it is for a federal or state court.
- Notice to Produce: This document mandates that a party provides specific documents relevant to ongoing litigation. It is similar to the AO 88B but may not require the same formalities of court approval.
- Request for Production of Documents: Used during the discovery phase, a party uses this request to ask another party to produce documents relevant to the case. The AO 88B subpoena has a similar goal but involves enforcement through the court.
- Deposition Notice: This document summons a witness to provide testimony under oath. The underlying principle of requiring cooperation and compliance connects it to the AO 88B.
- Interrogatories: While primarily a written set of questions, interrogatories require responses under oath and produce information much like the documentation requested through the AO 88B.
- Order for Inspection: This court order allows one party to inspect another party's premises or property, similar to the inspection command in the AO 88B stating the need for access to designated locations.
- Subpoena Duces Tecum: A type of subpoena that specifically commands the production of documents or evidence. This aligns closely with the AO 88B in its purpose—seeking documentary evidence.
- Compliance Order: Issued by a court, this order compels compliance with legal subpoenas, much like what the AO 88B seeks to ensure in terms of producing documents or allowing inspections.
- Motion to Compel: If a person fails to comply with a subpoena like the AO 88B, another party may file this motion to force compliance, highlighting the enforcement aspect common to both documents.
- Protective Order: While it serves to protect certain information from being disclosed, it often arises in response to subpoenas like the AO 88B, indicating a balance between the need for information and the protection of sensitive materials.
Dos and Don'ts
When filling out the Ao 88B form, consider the following do's and don’ts to ensure accuracy and compliance.
- Do read the instructions carefully before starting.
- Do include all required information, such as names and case numbers.
- Do specify the documents or information you are requesting clearly.
- Do check the date and time for compliance to ensure they are realistic.
- Do serve a copy of the subpoena to all parties involved in the case.
- Don't leave out any essential sections of the form.
- Don't use vague language when describing what you are asking for.
- Don't forget to sign and date the form before submission.
- Don't ignore the rules set out in Fed. R. Civ. P. 45 regarding compliance.
- Don't neglect to include proper contact information for serving parties.
Misconceptions
Understanding the Ao 88B form can be challenging. Many misconceptions circulate about its purpose and requirements. Here are seven common misunderstandings.
- The Ao 88B form is only for criminal cases. This is false. The Ao 88B form is primarily used in civil actions. It doesn't apply exclusively to criminal proceedings.
- Receiving a subpoena means you are in trouble. Receiving this form does not imply you are being accused of wrongdoing. It is simply a request for documents or inspection related to a civil case.
- You must comply with every demand listed in the subpoena. Not necessarily. You have the right to object to certain requests if they are overly broad, burdensome, or protected by privilege.
- You can ignore a subpoena if you are not a party to the case. This is incorrect. Even if you are not directly involved, failing to comply with a valid subpoena can have legal consequences.
- There is no time limit for compliance. There is indeed a time frame to respond, typically specified in the subpoena. It's essential to adhere to this to avoid penalties.
- You have to appear in person to comply with the subpoena. This is not true for all situations. You may only need to produce documents and may not be required to appear unless specifically directed to do so.
- Subpoenas are always served by law enforcement. In many cases, subpoenas are served by private parties, such as attorneys, and do not require law enforcement involvement.
By clearing up these misconceptions, individuals can better navigate the complexities of the Ao 88B form and respond appropriately when served with a subpoena. It is advisable to seek guidance if there are any uncertainties regarding one's rights and obligations.
Key takeaways
Here are some key points to keep in mind when filling out and using the AO 88B form:
- Identify the Parties Clearly: Ensure that the names of the plaintiff and defendant, as well as their respective legal representatives, are accurately written in the appropriate sections.
- Specify the Details: Clearly outline the time, date, and location for the document production or inspection. This clarity helps avoid confusion and ensures compliance.
- Understand Command Requirements: Recognize that you can command an individual to produce documents or allow premises inspections, but be mindful of geographical limitations based on where the person resides or works.
- Notify All Involved Parties: If the subpoena requests the production of documents or an inspection before trial, remember to serve notice and a copy of the subpoena to each party in the case.
- Document Service Details: On the Proof of Service section, include specific details such as how and when the subpoena was served. This is crucial for tracking compliance.
- Understand Rights and Objections: An individual served with a subpoena has the right to object to certain requests. They must do so in writing within the specified time frame.
- Handle Privileged Information Carefully: If any documents are withheld under a privilege claim, it’s essential to explicitly state this claim and provide a description of the materials without revealing privileged content.