An Indiana subpoena form is a Trial Rule 45 document that commands a person to testify, produce records, or both, and it becomes enforceable only after you complete it correctly, have it issued by the clerk or an Indiana attorney, and serve it personally on the recipient with any required witness fees. Get any of those steps wrong and the subpoena will not hold up.
Pick the Right Type of Subpoena
Indiana uses two subpoenas under Trial Rule 45. One compels a person to appear and testify at a deposition, hearing, or trial. The other commands the recipient to produce specified records or physical items. A single form can do both jobs at once. The issuance and service rules are the same either way.1Indiana Court Rules. Rule 45. Subpoena
Where to Get the Form
The Indiana Judicial Branch posts sample forms, including forms referenced in the Rules of Court, on its website.2Indiana Judicial Branch. Indiana Judicial Branch Forms Your local Circuit or Superior Court Clerk also supplies subpoena forms. Marion County, for example, provides separate versions for a subpoena to appear and testify and a subpoena to produce documents.3indy.gov. Out-of-State Litigants If an attorney represents you, that office will usually prepare the form on the county’s template.
Filling Out the Form
Every Indiana subpoena needs three pieces of identifying information at the top: the name of the court, the title of the action listing at least the first-named plaintiff and defendant, and the cause number.1Indiana Court Rules. Rule 45. Subpoena A missing or wrong cause number is one of the easiest defects to create, and the court is not going to reconcile your paperwork for you.
The body of the form has to name the person being commanded, state the date and time they must appear, and give the exact location. For a testimony subpoena, that means the courtroom, deposition office, or hearing site. For a document subpoena, describe the materials with enough specificity that the recipient can identify what to gather. A phrase like “all records related to the plaintiff” invites a motion to quash. Identify the document type, the date range, and the subject matter instead.
Getting the Subpoena Issued
A filled-out form is not yet a court command. Indiana gives you two ways to make it one.
The first is through the Clerk of the Court. Present the form to the clerk in the county where the action is pending, or, for a deposition subpoena, in the county where the deposition will take place. The clerk signs it and applies the court seal. In practice, clerks often issue signed and sealed forms that are otherwise blank, so you fill in the specifics afterward and before service.1Indiana Court Rules. Rule 45. Subpoena
The second is attorney issuance. An attorney admitted to practice in Indiana who has appeared for a party in the case can sign and issue the subpoena as an officer of the court. That subpoena has the same force as one signed by the clerk.1Indiana Court Rules. Rule 45. Subpoena
Serving the Subpoena
Service is where most Indiana subpoenas fall apart. The rules are generous about who can serve and strict about geography and fees.
Who Can Serve It
Trial Rule 45(C) lets the sheriff, a deputy, a party to the case, or any other person serve the subpoena. Indiana does not bar parties from serving or set a minimum age for the server, which is more permissive than the federal rule people often assume applies. Service means personally delivering a copy of the issued subpoena to the named recipient, and it can happen anywhere in the state.1Indiana Court Rules. Rule 45. Subpoena
Where the Witness Can Be Made to Appear
Statewide service does not mean statewide travel. Trial Rule 45(D)(2) sets limits on where a witness can actually be required to show up:
- An Indiana resident can only be compelled to attend an examination in the county where the witness resides, is employed, or regularly transacts business in person, unless a court orders otherwise.
- A nonresident served within Indiana can only be required to attend in the county where served or within 40 miles of the place of service, unless the court orders otherwise.
- A nonresident plaintiff can be required to attend at their own expense in the county where the action was filed, or another county the court sets.
If your subpoena commands appearance beyond these limits without a court order authorizing it, the witness has grounds to refuse.1Indiana Court Rules. Rule 45. Subpoena
Witness Fees at the Time of Service
When you subpoena a non-party witness to appear outside the county where they live, you must tender fees at the moment of service. The payment covers one day’s attendance plus a mileage allowance.1Indiana Court Rules. Rule 45. Subpoena Under Indiana Code 33-37-10-2, the civil witness fee is $5 per day, and mileage is paid at the rate for state officers.4Indiana General Assembly. Indiana Code 33-37-10-2 – Witness Fees That state rate is currently $0.49 per mile.5IN.gov. Travel Reimbursement Rates
Fees are not required when you subpoena a party, or an officer, employee, agent, or representative of an organizational party being examined about matters connected to that role.1Indiana Court Rules. Rule 45. Subpoena Skip the fees when they are due and the witness has a clean reason not to appear; the court will not hold them in contempt for it.
Filing Proof of Service
After the subpoena is delivered, the file needs a record that service actually happened. If the sheriff or a deputy served it, the return of service is your proof. If anyone else served it, that person must provide an affidavit describing the delivery.1Indiana Court Rules. Rule 45. Subpoena
If You Are Subpoenaing Medical Records
Serving a subpoena on a hospital or doctor’s office alone will not get you the records. Under the HIPAA Privacy Rule, a provider can release protected health information in response to a subpoena only if the patient has been given adequate notice and a chance to object, or the requesting party has obtained (or requested) a qualified protective order limiting how the information is used.6eCFR. 45 CFR 164.512 – Uses and Disclosures for Which an Authorization or Opportunity to Agree or Object Is Not Required Substance use disorder treatment records carry stricter protections under 42 CFR Part 2 and generally require a specific court order rather than a standard subpoena. Many attorneys handle medical subpoenas by filing patient notice and a request for a protective order at the same time.
If the Recipient Wants to Push Back
Trial Rule 45(B) lets the recipient of a document subpoena file a motion to quash or modify. The motion must be filed promptly and no later than the date set for compliance. The court can quash or modify the subpoena if it finds the demand unreasonable and oppressive, or it can deny the motion but require the issuing party to pay the reasonable cost of producing the materials.1Indiana Court Rules. Rule 45. Subpoena
A witness commanded to testify can move to quash on similar grounds, such as improper service or a geographic overreach. Under Indiana Code 35-34-2-5, a witness with a pending motion to quash cannot be held in contempt for failing to appear while that motion is unresolved.7Indiana General Assembly. Indiana Code 35-34-2-5 – Subpoenas; Contents; Failure to Obey
What Happens If a Subpoena Is Ignored
An Indiana subpoena is a court order. A witness who fails to appear can be held in contempt, and the court has broad discretion over the penalty, including fines, jail, attorney fees, and damages awarded to the party harmed by the noncompliance.7Indiana General Assembly. Indiana Code 35-34-2-5 – Subpoenas; Contents; Failure to Obey8IN.gov. Contempt Procedure Benchcard The safer response for anyone who thinks a subpoena is defective is to file a motion to quash before the compliance date, not to simply not show up.