Subpoenas (B2540-B2570)

Last Updated: December 8, 2015 to conform to the form changes.

Created: September 18, 2015

Background

Authority to issue subpoenas

Federal Rule of Civil Procedure 45, is made applicable to bankruptcy cases pursuant to Federal Rule of Bankruptcy Procedure 9016

Fed. R. Civ. P. 45(a)(3).

• A subpoena is a tool to aid in discovery and to compel presentation of witnesses in a trial
• The court in which the matter is pending issues the subpoena, no matter what type of action is commanded by the subpoena.
• The clerk must issue a subpoena, signed but otherwise blank, to a party who requests it.
• The clerk is not involved in the service of a subpoena.
• An attorney may sign and issue a subpoena as an officer of a court if the attorney is authorized to practice in the court where the matter is pending.

 

Court seals

Whether issued by a clerk or attorney, subpoenas no longer need a court seal.

Step by Step Procedure

1. Select Bankruptcy or Adversary>Other

    

2. Enter Case Number and click Next

    

3. The case verification screen will display. Verify you are docketing on correct case.   If not click the back button to go back to the case number field and re-enter the case number/If yes

    

4. Select Subpoenas (B2540-B2570) from pick list

    

5. Click Next and Select Party from party pick list and click Next

    

6. The PDF screen will display.

    

7. Date filed will default to the current date.

   Click Browse button and navigate to locate the appropriate document/file

   View file Highlight filename
   Right click on filename
   Select Open
   Review document
   Close window to verify the correct file is being selected

   Click the Open button and filename will appear in the browse window

   Click Next

    

8. Select the appropriate radio button and click Next

   

    

9. The Final Editing Text will display:

   Subpoena for Rule 2004 Examination B2540 Filed by Attorney A on behalf of Creditor X. (name)

    

   Subpoena to Appear and Testify at a Hearing or Trial B2550 Filed by Attorney A on behalf of Creditor X . (name) 

    

   Subpoena to Testify at a Deposition B2560 Filed by Attorney A on behalf of Creditor X. (name)

    

   Subpoena to Produce Documents, Information, or Objects or To Permit Inspection B2570 Filed by Attorney A on behalf of Creditor X. (name)