Written objection to a subpoena to produce documents or permit inspection
Written objections to a federal subpoena for documents, electronically stored information or inspection must be served before the earlier of the time set for compliance or 14 days after the subpoena is served.
- FRCP 45(d)(2)(B)
- FRCP 6(a)
Find your objection deadline
Subpoenas to produce or permit inspection.
The day of service is not counted.
From the subpoena. Objections must be served before this date.
Holidays and court closures
Federal holidays under 5 U.S.C. 6103 are always skipped, including the observed weekday when a holiday falls on a weekend.
For weather or emergency closures. Check the court's notice to confirm it extends deadlines.
How the deadline is counted
- Count 14 days after service. A weekend or holiday moves the 14th day forward under Rule 6(a).
- Check the compliance date. Objections must be served before it, so the calculator uses the last court day before compliance.
- Use the earlier date.
Worked examples
| Example | Subpoena served | Deadline |
|---|---|---|
| Compliance set 10 days out | Mon, Oct 26, 2026 | Wed, Nov 4, 2026 |
| Compliance set 30 days out | Mon, Oct 26, 2026 | Mon, Nov 9, 2026 |
Timely objections shift the burden. A timely objection means the serving party must move to compel in the court for the district where compliance is required. Untimely objections, including privilege objections, can be waived. A motion to quash or modify under Rule 45(d)(3) must also be timely, which courts usually read as before the compliance date.
Common questions
How long do I have to object to a federal subpoena?
Before the earlier of the time specified for compliance or 14 days after the subpoena is served.
Who can object?
The person commanded to produce, or an attorney designated in the objection.
Does mail service add 3 days?
Subpoenas must be delivered to the named person, so the Rule 6(d) mail extension does not normally apply.
Sources
- Federal Rules of Civil Procedure, Rule 45(d)
- Federal Rules of Civil Procedure, Rule 6(a)
Rules last checked October 2026. This calculator does not give legal advice. Confirm the date against the rule and any order in your case.