Rule 234.1.Subpoena to Attend and Testify.

Adopted December 14, 1989 · Last amended March 9, 2015 · Last verified June 30, 2026

In one sentenceRule 234.1 defines a subpoena as a court order commanding a person to attend and testify, and to produce documents or things, and limits its use to a trial, hearing, or deposition in a pending action — not to ex parte production before an attorney or party — requiring service reasonably in advance.

Full Text of Rule 234.1

Text sizeJump to: (a) (b) (c) (d)

(a) A subpoena is an order of the court commanding a person to attend and testify at a particular time and place. It may also require the person to produce documents or things which are under the possession, custody or control of that person.

(b) A subpoena may be used to command a person to attend and to produce documents or things only at

(1) a trial or hearing in an action or proceeding pending in the court, or

(2) the taking of a deposition in an action or proceeding pending in the court.

(c) A subpoena may not be used to compel a person to appear or to produce documents or things ex parte before an attorney, a party or a representative of the party.

(d) A subpoena shall be served reasonably in advance of the date upon which attendance is required.

End

Plain-English Summary

This rule defines the subpoena and fixes its proper use. A subpoena is an order of the court commanding a person to attend and testify at a stated time and place, and it may also require the person to produce documents or things in their possession, custody, or control.

Its reach is limited. A subpoena may compel attendance and production only at a trial or hearing, or at a deposition, in a pending action; it may not be used to compel a person to appear or produce documents ex parte before an attorney, a party, or a party’s representative. It must be served reasonably in advance of the required attendance.

Frequently Asked Questions

What is a subpoena used for?

To command a person to attend and testify, and to produce documents or things, at a trial, hearing, or deposition in a pending action. It cannot be used to compel ex parte production before an attorney or party.

Official Note

Official Note: See Discovery Rule 4009.1 et seq. for a request upon a party and a subpoena upon a person not a party for the production of documents and things other than a deposition or a trial. The twenty-day notice requirement of Rule 4009.21(a) is not applicable to a subpoena issued under Rule 234.1 in connection with a deposition. The provision of Rule 4007.1(d)(2) thatmaterials subpoenaed in connection with a deposition ‘‘shall be produced at the deposition and not earlier, except upon the consent of all parties to the action,’’ serves the same purpose as the notice requirement under Rule 4009.21(a).

Amendment History

The provisions of this Rule 234.1 adopted December 14, 1989, effective January 1, 1990, 20 Pa.B. 7; amended April 7, 1997, effective July 1, 1997, 27 Pa.B. 1921; amended November 24, 1998, effective January 1, 1999, 28 Pa.B. 6069; amended March 9, 2015, effective April 8, 2015, 45 Pa.B. 1490. Immediately preceding text appears at serial pages (349153) and (344991).

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: subpoenasubpoena to attend and testifysubpoena duces tecum