The Advisory Committee on Civil Rules proposed amendments to Federal Rule of Civil Procedure 45(b) to clarify and expand permissible methods of serving subpoenas. The proposed amendments would expressly authorize service by methods paralleling Rule 4(e)(2), including leaving a copy at a dwelling with a person of suitable age and discretion, service by U.S. mail or commercial carrier with confirmation of delivery, and court-authorized alternative service for good cause. The proposal would also permit witness fees to be tendered either at the time of service or at the time and place of attendance, and would require at least 14 days’ notice when a subpoena commands attendance.

In February 2026, AAJ filed a formal comment on supporting the proposed amendments and urging modest textual clarifications to ensure clear implementation and preserve existing service practices. AAJ emphasized that expanded service options are necessary to address evasion of service, modernize Rule 45 in light of technological developments, and reduce unnecessary costs and delays.

 

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