Current through July 1, 2026 · Last verified July 13, 2026
In one sentenceTrial Rule 45 governs how a subpoena is written, issued, served, and enforced in Indiana civil cases, covering witness subpoenas and subpoenas for documents, who may sign them, where a witness can be made to appear, witness fees, and what happens when a subpoena is ignored or challenged as unreasonable.
(b)state the title of the action (without naming more than the first named plaintiffs and defendants in the complaint and the case number); and
(c)command each person to whom it is directed to attend and give testimony at a time and place therein specified.
(2)The clerk shall issue a subpoena, or a subpoena for the production of documentary evid- ence, signed and sealed but otherwise in blank, to a party requesting it or his or her attorney, who shall fill it in before service. An attorney admitted to practice law in this state, as an officer of the court, may also issue and sign such subpoena on behalf of (a) a court in which the attorney has appeared for a party; or (b) a court in which a deposition or production is compelled by the subpoena, if the deposition or production pertains to an action pending in a court where the attorney has appeared for a party in that case.
(B)For production of documentary evidence. A subpoena may also command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein; but the court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may
(1)quash or modify the subpoena if it is unreasonable and oppressive or
(2)condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, doc- uments, or tangible things.
(C)Service. A subpoena may be served by the sheriff or his deputy, a party or any person. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person. Service may be made in the same manner as provided in Rule 4.1, Rule 4.16 and Rule 5(B).
(D)Subpoena for taking depositions--Place of examination.
(1)Proof of service of a notice to take a deposition as provided in Rules 30(B) and 31(A) con- stitutes a sufficient authorization for the issuance by the clerk of court for the county in which the deposition is to be taken of subpoenas for the persons named or described therein. The subpoena may command the person to whom it is directed to produce designated books, papers, documents, or tangible things which constitute or contain matters within the scope of the examination permitted by Rule 26(B), but in that event the subpoena will be subject to the provisions of Rule 26(C) and subdivision (B) of this rule.
(2)An individual may be required to attend an examination only in the county wherein he resides or is employed or transacts his business in person, or at such other convenient place as is fixed by an order of court. A nonresident of the state may be required to attend only in the state and county wherein he is served with a subpoena, or within forty [40] miles from the place of service, or at such other convenient place as is fixed by an order of court. A non- resident plaintiff may be required to attend at his own expense an examination in the county of this state where the action is commenced or in a county fixed by the court.
(E)Subpoena for a hearing or trial. At the request of any party subpoenas for attendance at a hearing or trial shall be issued by the clerk of court of the county in which the action is pending when requested, or, in the case of a subpoena for the taking of a deposition, by the clerk of court of the county in which the action is so pending or in the county in which the deposition is being taken. An attorney admitted to practice law in this state, as an officer of the court, may also issue and sign such subpoenas on behalf of the court in which the action is pending or a court of the county in which the deposition is being taken, if the hearing, deposition or production pertains to an action pending in a court where the attorney has appeared for a party in that case. A sub- poena may be served at any place within the state; and when permitted by the laws of the United States, this or another state or foreign country, the court upon proper application and cause shown may authorize the service of a subpoena outside the state in accordance with and as permitted by such law.
(F)Contempt. Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court from which the subpoena issued, or court of the county where the witness was required thereunder to appear or act. The attendance of all witnesses when duly subpoenaed, and to whom fees have been paid or tendered as required by law may be enforced by attachment.
(G)Tender of fees. Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person who shall be required to attend outside his county of residence as provided in section (C), and by so tendering to him the fees for one [1] day’s attendance and the mileage allowed by law. Such tender shall not be required to be made to a party who is subpoenaed or to an officer, employee, agent or representative of a party which is an organ- ization, including the estate or any governmental organization, who is being examined upon any matter connected in any way with his employment or with duties to the organization.
(H)Proof of service of subpoena--Fees. When a subpoena is served by the sheriff or his deputy, his return shall be proof of service. When served by any other person the service must be shown by affidavit. No fees or costs for the service of a subpoena shall be collected or charged as costs except when service is made by the sheriff or his deputy.
Amendment History
This rule’s current text took effect April 1, 2002. For the full history of earlier amendments and adoption orders, see the Indiana Office of Court Services.
Plain-English Summary
Rule 45(A) sets the minimum content for every subpoena — the name of the court, the title of the action (using only the lead-named plaintiff and defendant plus the case number, not every party), and a command to appear and testify at a stated time and place. The clerk issues subpoenas already signed and sealed but otherwise blank, so the party or attorney requesting one fills in the details before serving it. Indiana also lets an attorney, as an officer of the court, sign and issue a subpoena directly — on behalf of a court where the attorney has appeared for a party, or on behalf of a court compelling a deposition or document production tied to a case where the attorney has appeared — without routing it through the clerk. Rule 45(B) covers subpoenas that demand documents: if a document subpoena is unreasonable and oppressive, the court, on a prompt motion made at or before the compliance deadline, can quash or modify it, or condition denial of the motion on the requesting party advancing the reasonable cost of producing what is sought. Rule 45(C) allows a sheriff, a deputy, a party, or any other person to serve a subpoena by delivering a copy to the person named, using the same methods available under Rules 4.1, 4.16, and 5(B).
Rule 45(D) addresses deposition subpoenas: proper service of a deposition notice is enough by itself to authorize the clerk of the county where the deposition will happen to issue subpoenas for the people named, and a deposition subpoena can also demand documents within the scope of discovery, subject to the same protective-order and quash-or-modify rules that apply generally. Geography matters here — an individual can be compelled to attend a deposition only in the county where they live, work, or personally transact business, or another convenient place set by court order; a nonresident of Indiana can be compelled to attend only in the county where served, within 40 miles of where served, or another convenient place set by court order; and a nonresident plaintiff can be required, at their own expense, to attend an examination in the county where the case was filed or another county the court sets. Rule 45(E) covers subpoenas for a hearing or trial, issued by the clerk of the county where the case is pending (or, for a deposition, also by the clerk of the county where the deposition occurs), again with the option for an attorney to issue and sign the subpoena directly under the same conditions as Rule 45(A). A hearing or trial subpoena can be served anywhere in Indiana, and reaching outside the state requires court authorization consistent with applicable federal, other-state, or foreign law. Rule 45(F) makes disobeying a subpoena without adequate excuse contempt of the issuing court or the court of the county where compliance was required, enforceable by attachment. Rule 45(G) requires tendering one day’s witness fee and the mileage the law allows when serving someone who must attend outside their home county — except a party being subpoenaed, or an organization’s officer, employee, agent, or representative being questioned about matters connected to that role, neither of whom is owed an advance tender. Rule 45(H) closes with proof of service: a sheriff’s or deputy’s return is proof by itself, while anyone else who serves a subpoena must prove it by affidavit, and service fees can only be charged as costs when a sheriff or deputy did the serving.
Frequently Asked Questions
Who can sign and issue a subpoena in Indiana — does it have to come from the clerk?
The clerk normally issues subpoenas, signed and sealed but blank, for the requesting party to fill in. Rule 45(A) and (E) also let an Indiana attorney, as an officer of the court, sign and issue a subpoena directly on behalf of a court where the attorney has appeared for a party, without going through the clerk.
Can I be forced to travel outside my county for a deposition?
Generally, no. Rule 45(D)(2) limits an individual to attending a deposition in the county where they live, work, or personally transact business, unless the court orders a different, convenient location. A nonresident of Indiana can be compelled to attend only in the county of service, within 40 miles of where served, or another place the court sets.
What can I do if I think a subpoena for documents is too broad or burdensome?
Rule 45(B) lets the court quash or modify a document subpoena that is unreasonable and oppressive, or require the party who wants the documents to advance the reasonable cost of producing them, if a motion is made promptly — at or before the deadline set in the subpoena for compliance.
What happens if I ignore a subpoena?
Under Rule 45(F), failing to obey a subpoena without adequate excuse can be treated as contempt of the court that issued it, or of the court in the county where compliance was required, and attendance can be enforced by attachment.
Do I have to pay a witness fee when I subpoena someone?
Usually, yes, if the witness must attend outside their home county — Rule 45(G) requires tendering one day’s attendance fee and allowed mileage along with service. That tender is not required for a party who is subpoenaed, or for an organization’s officer, employee, agent, or representative testifying about matters connected to that role.
Can an Indiana subpoena reach someone who lives out of state?
A subpoena can be served anywhere within Indiana as a matter of course. Reaching someone outside the state requires the court’s authorization, on a proper application and showing of cause, and only to the extent permitted by applicable federal, other-state, or foreign law.
How do I prove a subpoena was served?
Rule 45(H) treats a sheriff’s or deputy’s return as sufficient proof of service on its own. If anyone else served the subpoena, service must be shown by affidavit.
Source & verification. The rule text is reproduced verbatim from the
official Indiana Rules of Trial Procedure (T.R. 45). Prescribed by the Supreme Court of Indiana, under its inherent constitutional rulemaking power (reaffirmed by Ind. Code 34-8-1-1 and 34-8-2-1); originally enacted by the Indiana General Assembly in 1969. The plain-English summary is original and written by us. Last verified July 13, 2026. ·
Official source
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