Subpoena
A court order compelling a witness to attend and testify, or to produce documents or things.
The classic MBE tell is a party trying to get documents or testimony from a non-party — that’s the signal to reach for a subpoena, because ordinary discovery tools (interrogatories, requests for production, requests for admission) bind only parties. The answer often hinges on FRCP 45’s 100-mile rule: a subpoena may command attendance only within 100 miles of where the person resides, is employed, or regularly transacts business in person. The geographic-limits ground is one of the mandatory “must quash” triggers — a favorite distinguishing point versus the court’s discretionary protective orders under Rule 26(c).
Don’t confuse a subpoena with a summons: the summons (with the complaint) commands a defendant to respond and, under Rule 4(k), establishes personal jurisdiction where the defendant is constitutionally amenable, while a subpoena commands a witness. A second trap: a party deponent needs only a notice of deposition, but a non-party deponent requires a subpoena. Memory hook — sub poena means “under penalty.”
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