Adopted April 7, 1997 · Last amended April 20, 1998 · Last verified June 30, 2026
In one sentenceA party may serve the non-party production subpoena only after the twenty-day notice period passes with no objection, by filing a certificate confirming the served subpoena is identical to the one noticed.
(a)The party seeking production may serve on the person named in the sub- poena a copy of the subpoena only if it is identical to the subpoena attached to the notice of intent to serve the subpoena and if the party seeking production has filed of record a certificate that
(1)the notice of intent to serve a subpoena was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served,
(2)a copy of the notice of intent, including the proposed subpoena attached to the notice of intent, is attached to the certificate,
(3)no objection to the subpoena has been received, and
(4)the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena.
(b)The subpoena shall be issued as provided by Rule 234.2(a) and shall be served in the manner provided by Rule 234.2(b).
Plain-English Summary
This rule controls when and how the non-party subpoena is served. The serving party may serve the subpoena only if it is identical to the one attached to the notice of intent, and only after certifying that the notice was given at least twenty days earlier, that no objection was received, and that the subpoena to be served matches the noticed one.
The subpoena is then issued and served under the general subpoena rule. Requiring an identical subpoena and a certificate keeps the served subpoena honest — it must match exactly what the other parties had the chance to object to.
Frequently Asked Questions
When can a non-party subpoena be served?
After the twenty-day notice period passes with no objection, and only if the subpoena is identical to the one noticed.
What is the certificate for?
It confirms the notice was given, no objection was received, and the served subpoena matches the one noticed.
Official Note
Official Note: For the form of the certificate, see Rule 4009.25. The twenty-day advance notice is for the benefit of the parties and not the person served. The twenty-day notice period may be waived and the certificate modified accordingly.
Official Note:Rule 234.2(a) governs the issuance by the prothonotary of a subpoena to testify. Rule 234.2(b) governs service of a subpoena to testify. For the form of a subpoena to produce, see Rule 4009.26.
Amendment History
The provisions of this Rule 4009.22 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921; amended April 20, 1998, effective July 1, 1998, 28 Pa.B. 2026. Immediately preceding text appears at serial pages (228829) to (228830).
Source & verification. Rule text, the Official Note, and the amendment
history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation
of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. ·
Official text