(a) The person not a party upon whom the subpoena has been served shall, in complying with the subpoena, execute a certificate of compliance and deliver it with the documents or things produced to the party serving the subpoena within twenty days of service. A form of certificate to be executed and delivered shall be served with the subpoena.
Rule 4009.23.Certificate of Compliance by a Person Not a Party. Notice of Documents or Things Received.
Adopted April 7, 1997 · Last amended June 6, 2012 · Last verified June 30, 2026
In one sentenceA non-party complying with a production subpoena executes a certificate of compliance, and the party that receives the documents must notify the other parties and, on request and payment, furnish them copies or access.
Full Text of Rule 4009.23
(b) The party receiving documents and things pursuant to the subpoena shall give notice of receipt to every other party to the action and upon the payment of reasonable cost shall
(1) furnish a legible copy of each document to any other party who requests a copy and
(2) allow reasonable access to the things to any other party who requests access.
Plain-English Summary
This rule handles the return side of a non-party subpoena. The non-party served with the subpoena executes a certificate of compliance and delivers it with the materials. The party that receives the documents and things must give notice of the receipt to every other party.
On request and payment of reasonable costs, that party must furnish a legible copy of each document and allow reasonable access to the things. Requiring notice and access keeps non-party discovery from becoming one-sided — every party learns what was produced and can obtain the same materials.
Frequently Asked Questions
What happens after a non-party produces documents?
The non-party executes a certificate of compliance, and the receiving party notifies the other parties of the receipt.
Can other parties get copies?
Yes. On request and payment of reasonable costs, the receiving party must furnish copies and allow access.
Official Note
Official Note: For the form of the certificate of compliance, see Rule 4009.27. The requirement of filing with the prothonotary the certificate under this rule and the objec- tions under Rule 4009.21(c) provides a more formal procedure for the participation of a person not a party in the discovery process.
Official Note: See Rule 4009.1 regarding electronically stored information.
Amendment History
The provisions of this Rule 4009.23 adopted April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921; amended June 6, 2012, effective August 1, 2012, 42 Pa.B. 3574. Immediately preceding text appears at serial page (247878).
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
Also known as: certificate of compliance subpoenanon-party production