Local Rule FAQ-10: What is required to have a subpoena issued by the Clerk?
W.D.N.Y. — Attorney rule
What is required to have a subpoena issued by the Clerk?
CIVIL: Pursuant to FRCP, Rule 45, a subpoena must issue from the court where the action is pending. The clerk must issue a subpoena, signed but otherwise blank, to a party who requests it. That party must complete it before service. An attorney may also issue and sign a subpoena if the attorney is authorized to practice in the issuing court. Refer to the Federal Rules for further detail.
CRIMINAL: Pursuant to FRCrP, Rule 17, a subpoena must state the court's name and the title of the proceeding, including the seal of the court, and command the witness to attend and testify at the time and place the subpoena specifies. The clerk must issue a blank subpoena—signed and sealed—to the party requesting it, and that party must fill in the blanks before the subpoena is served. Refer to the Federal Rules for further detail.