For a federal civil subpoena, Rule 45 requires a reasonable time to comply; it does not establish one universal advance-service period for every subpoena. What is reasonable depends on the requested testimony or records, the burden, and the litigation schedule. [1]
The 14-day objection rule is different
A recipient objecting to a subpoena for documents or inspection generally must serve written objections before the earlier of the compliance date or 14 days after service. That deadline is not a universal permission to demand any production in fewer than 14 days. A court must quash or modify a timely challenged subpoena that does not allow reasonable time. [1]
A documents subpoena also requires advance notice and a copy to the other parties before service on the recipient. Attendance subpoenas bring separate fee, mileage, and geographic limits. Local rules and case-management orders can add requirements. [2]
Act before the compliance date
Record how and when service occurred, what the subpoena requires, and where compliance is demanded. Preserve potentially responsive information. Ask the issuing lawyer for a written extension if more time is needed; a pending request does not automatically change the deadline.
For an attendance demand, a simple document objection may not provide the necessary relief. A motion to quash or modify may be required. Criminal subpoenas under Rule 17, agency subpoenas, and state-court subpoenas follow different rules, so identify the document before calculating dates. A short deadline is a reason to seek prompt review, not to ignore a court-related demand.
Example: a large records request with a short deadline
A request for years of archived business records served shortly before compliance can impose different burdens from a narrow request for one readily available document. Explain the actual search, review, privilege, and production work involved when requesting more time. A declaration describing that burden is more persuasive than simply saying the deadline is inconvenient.
Keep distinct deadlines for objections, a motion, discovery completion, and the event requiring testimony. They may not fall on the same day. Also check where compliance is required; an issuing court’s location does not eliminate Rule 45’s geographic protections.
If an extension is agreed, record which obligations it changes. An extension of production time may not also extend a court-ordered discovery cutoff or waive an objection. For a privileged document request, identify the privilege properly and preserve the material. The safest practical response is timely, specific action through the correct procedure, not silence while informal negotiations continue. [1][2]
For medical records, examine HIPAA and court subpoenas as well. Moving the underlying lawsuit involves a separate venue-transfer process.
Primary sources
- Federal Rules of Civil Procedure, Rule 45 (2024 edition)
- Civil Discovery Handbook: Subpoenas | Middle District of Florida
Sources checked: October 31, 2026.