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The Clerk of the Court or an attorney as an officer of the court. Generally, attorneys are authorized to sign the Clerk's name to a subpoena and serve it as if the Clerk had issued it. As an example, this is what Federal Rule of Civil Procedure 45(a)(3) says:

(3) Issued by Whom.

The clerk must issue a subpoena, signed but otherwise in blank, to a party who requests it. That party must complete it before service. An attorney also may issue and sign a subpoena as an officer of:

(A) a court in which the attorney is authorized to practice; or

(B) a court for a district where a deposition is to be taken or production is to be made, if the attorney is authorized to practice in the court where the action is pending.

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15y ago

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