United States · Federal civil procedure
When must an objection to a production or inspection subpoena be served?
A qualifying written objection must be served before the earlier of the subpoena’s specified compliance time or fourteen days after the subpoena is served. The recipient is the party or attorney designated in the subpoena. A motion to quash is separately described in Rule 45(d)(3). Preserve the exact compliance time and service evidence. This guide calculates no date.
- Period
- Before the earlier of specified compliance or fourteen days after service
- Trigger
- Actual subpoena service compared with its specified compliance time
- Rule
- FRCP 45(d)(2)(B)
December 1, 2025 compilation
Source guide · No automated date
Establish the actual procedure and conditions
The rule requires two actual times and an earlier-of comparison with strict before wording. The single-date preset cannot determine the subpoena’s actual compliance boundary.
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Which event starts this procedure?
Preserve the actual subpoena, its production or inspection command and exact compliance time.
Establish actual subpoena service and assess the fourteen-day candidate.
Compare both candidates and complete the written objection service before the earlier boundary.
FRCP 45(d)(2)(B)Which timing conditions must be established?
- Identify the actual actor, pleading and required act.
- Establish the specified event and applicable order.
- Resolve the material conditions. This guide publishes no calculated date.
- Check final-day conditions and preserve service and filing evidence separately.
Establish subpoena service and the exact specified compliance time. Assess the fourteen-day candidate under Rule 6(a) and compare it with compliance. Preserve the rule’s before-the-earlier wording. A fourteen-day date alone does not supply the full boundary.
Rule 6(a) excludes the operative event and counts intermediate calendar days. A final Saturday, Sunday or legal holiday moves forward. Rule 6(a)(6) includes federal and President or Congress declared holidays, plus state-declared holidays for forward periods in the district. Qualifying clerk inaccessibility matters separately for filing.
FRCP 6(a)(1)Why is no automated date published?
The rule requires two actual times and an earlier-of comparison with strict before wording. The single-date preset cannot determine the subpoena’s actual compliance boundary.
Which conditions change the assessment?
- Specified objection scope
- Rule 45(d)(2)(B) identifies objections to inspecting, copying, testing or sampling materials, inspecting premises or producing electronically stored information in the requested forms.
- Compliance time may control first
- The specified compliance time can occur before the fourteen-day service candidate. Preserve the actual time, rather than assuming fourteen full days are always available.
- Compelling production and quashing
- After an objection, the serving party may seek a compelling order on notice. Rule 45(d)(3) separately addresses a timely motion to quash or modify.
- This page does not establish effective service, merits, compliance or an actual court grant.
- Service and filing are different acts. Verify both when required.
What should I verify before acting?
Common questions
This procedure and its conditions
Are fourteen days always available after service?
No. The specified compliance time controls if it is earlier.
FRCP 45(d)(2)(B)To whom is the written objection served?
Serve it on the party or attorney designated in the subpoena.
FRCP 45(d)(2)(B)Is this the same as a motion to quash?
No. Rule 45(d)(3) separately addresses the timely quash or modification motion.
FRCP 45(d)(2)(B)Official sources and review
Provisions used (5)
| Provision | Purpose |
|---|---|
| FRCP 45(d)(2)(B) | This actor, required act, operative event and period |
| FRCP 45(b) | Subpoena service and proof |
| FRCP 45(d)(2)(B)(i)–(ii) and (3) | Consequences and separate quash procedure |
| FRCP 6(a)(1) | Event exclusion and intermediate calendar days |
| FRCP 6(a)(3)–(6) and (b)(1) | Actual final-day conditions, filing boundaries and applicable extension limits |