Out-of-state federal subpoenas are enforceable nationwide under Federal Rule of Civil Procedure 45 (FRCP 45). Yet they are still routinely challenged—or even quashed—due to misconceptions about jurisdiction, service of process, and venue for enforcement.
Attorneys on both sides of a federal subpoena—whether issuing or opposing—must understand the difference between federal enforcement rules, civil rules, and state domestication requirements, especially when subpoenas cross state lines.
Countrywide Process
January 24, 2026
In one common scenario, a federal subpoena issued from a district like the Western District of Wisconsin and served on an institution in another state may be improperly challenged under local rules—such as “Rules 1.1701 and 1.1702”—which apply only to interstate state court discovery under UIDDA, not federal actions. The authority to issue and enforce federal subpoenas lies with the federal courts, not state courts.
This guide clarifies what applies, what doesn’t, and what attorneys must do to avoid critical missteps.
The foundation is simple: Federal subpoenas do not require domestication, and they are not subject to state procedural laws.
State rules like UIDDA statutes—including examples like Rules 1.1701 and 1.1702—exist to help state courts manage interstate discovery between state cases.
However:
Key Takeaway: Opposing attorneys citing UIDDA rules against a federal subpoena are likely misapplying the law. However, there may still be a valid objection—just not one based on domestication. FRCP 45 also requires notice to other parties when a subpoena is issued, ensuring transparency and compliance with procedural requirements.
Even though domestication is not required, federal subpoenas often get challenged—and sometimes quashed—for procedural reasons, such as: providing insufficient advance notice to all parties before serving the subpoena, which is essential to ensure transparency and allow for objections.
At the end of the day, recipients of a federal subpoena can file a written objection to challenge the subpoena’s demands. Additionally, subpoenas must allow a reasonable time for compliance; otherwise, courts may quash or modify them to protect against undue hardship.
FRCP 45(b)(1) requires personal service—hand-delivery to the proper recipient—to secure the person’s attendance at the proceeding. Service by email or regular mail is generally not valid unless agreed upon.
Large institutions—like universities, corporations, or any corporate party—usually designate an Office of General Counsel or a registered agent to receive legal documents. Serving a department, lab, or front desk is insufficient.
Enforcement actions (motions to compel or quash) must be filed in federal court, and specifically, in the district where compliance is required. In these cases, the court is responsible for condition enforcement to ensure compliance with subpoena requirements, such as setting conditions for travel, serving notices, and transferring motions as needed to protect witnesses and parties from undue burdens. State courts lack jurisdiction to quash or enforce federal subpoenas.
Federal subpoenas are issued by one district, but enforced in another.
Important Note for Opposing Counsel: Filing to quash a federal subpoena in state court is usually improper—and will be dismissed for lack of jurisdiction.
Attorneys often misidentify the real issue.
For example, an institution’s legal department may object by citing the need to “domesticate” the subpoena. In reality:
It is common practice to ensure proper service by delivering the subpoena to the designated recipient.
Correcting service (e.g., personally serving the Office of General Counsel) usually resolves the objection—without costly state filings.
To ensure your subpoena is enforceable:
There are two main types of federal subpoenas: a subpoena duces tecum (or duces tecum), which commands the production of documents or tangible evidence, and a subpoena ad testificandum, which requires a person to appear and testify. A subpoena commanding attendance requires the recipient to appear at a hearing or trial to testify. In the ordinary course, these subpoenas are served according to federal rules, and recipients must respond by producing documents or appearing to give testimony as directed.
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Administrative subpoenas and inspections represent a unique aspect of federal authority, allowing government agencies to compel testimony and require individuals or organizations to produce documents, electronically stored information, or tangible items—often without the need for prior court approval. This subpoena power is frequently exercised in federal criminal cases, civil procedure matters, and commercial litigation, where agencies need to gather evidence efficiently.
Unlike judicial subpoenas, administrative subpoenas are governed by specific federal rules, including the amended Rule 45. The issuing court—typically the district court where the agency is based—oversees the process. The subpoena requires delivering a copy to the named person, along with any applicable witness fees and mileage allowed by law. The subpoena commands the recipient to attend trial, provide testimony, or permit inspection of premises, and may also require the production of documents or electronically stored information relevant to the investigation.
The revised rule has introduced important changes to ensure fairness and minimize undue burden or substantial expense, especially for non-parties. For example, there is now a clear notice requirement: other parties to the litigation must be informed when a subpoena is issued, giving them an opportunity to object or seek a protective order if necessary. Corporate parties and a party’s officer may be required to respond, and failure to comply can result in criminal charges or contempt of court.
Grand jury subpoenas are a specialized form of administrative subpoena used in federal criminal cases to compel testimony and gather evidence. These are typically issued by a deputy marshal or other authorized officer and require that the person resides or regularly transacts business within the jurisdiction. The requesting party must show a legitimate need for the information, while the subpoenaed person retains the right to object or request court protection for confidential research, trade secrets, or privileged information.
In commercial litigation, administrative subpoenas and inspections are powerful tools for uncovering key evidence. However, the rules apply equally to protect the rights of subpoenaed persons, ensuring that compliance does not impose an undue burden or substantial expense. The new provision in the amended Rule 45 requires that any motion to quash or modify an administrative subpoena be filed in the court for the district where compliance is required, rather than the issuing court. This shift is designed to make it easier for non-parties to challenge subpoenas and to streamline the resolution of disputes.
Ultimately, administrative subpoenas and inspections are essential for effective federal enforcement and litigation. By understanding the federal rules, the requirements for issuing and serving subpoenas, and the protections available to subpoenaed persons, attorneys and organizations can navigate these complex procedures while safeguarding their rights and interests.
A federal subpoena’s authority spans all 50 states. But its procedural enforceability depends on following the rules of FRCP 45—not your state’s UIDDA framework.
Whether you’re the subpoenaing or opposing party, ensure you understand:
One wrong assumption—especially about “domestication”—can derail enforcement or cause an otherwise valid subpoena to be tossed.
It is important to note the differences between the new rule and the former rule under Rule 45. The new rule streamlines procedures for issuing and enforcing federal subpoenas, clarifies the place of compliance, and expands protections for parties and non-parties. In contrast, the former rule had more complex and less uniform requirements. Pay special attention to the last sentence of the rule, as it often contains key clarifications or exceptions that impact compliance and enforcement.
No. Federal subpoenas issued under FRCP 45 are enforceable nationwide and are not subject to state UIDDA procedures.
Usually due to confusion between federal discovery and state-to-state discovery, or as a reaction to improper service.
Generally, no. State courts lack jurisdiction over federal subpoenas under FRCP 45(d).
In the U.S. District Court where compliance is required—unless transferred under FRCP 45(f).
Yes. FRCP 45(b)(1) requires hand delivery unless waived.
The Office of General Counsel or designated agent—not just any department or staff.
Not typically. Witness fees are only required for testimony. Always check FRCP 45(b)(1) and local rules.
