How to File a Subpoena

Save

A subpoena is a court order requiring an individual to either testify or produce evidence. A witness who fails to testify after being subpoenaed may be subject to criminal penalties for contempt of court. If you are a party to a court action, either criminal or civil, and wish to subpoena a witness, you will need to file a subpoena form with the clerk of court where your court action is pending.

  • Obtain a subpoena form from the court where your case is pending. Because subpoenaing a witness is common, most courts will provide standard forms for subpoenaing a witness.

  • Fill out the subpoena form. Subpoena forms vary by county and state. However, you likely will need to provide the county where the court action is pending, the file number and the name of the plaintiff and defendant. You will need to provide information about the person being subpoenaed, including their name, address and telephone number. If you would like the subpoenaed witness to bring documents, indicate which documents the witness should bring. Sign and date the subpoena form in the presence of a court clerk.

  • File the subpoena form with the clerk of court where your case is pending. Depending on the local rules of the court where you are filing the subpoena, you will need to produce multiple copies of the subpoena. Depending on the court and the type of case, you may be required to pay a fee, generally between $5 and $30, to subpoena a witness.

  • Serve process of the subpoena on the person named in the subpoena. In most jurisdictions, the simplest way to serve a subpoena is through either personally delivering the subpoena or mailing it via registered mail. Check with the clerk of court to determine the procedure for serving a subpoena in the jurisdiction where your lawsuit is pending.

References

Promoted By Zergnet

Comments

You May Also Like

Related Searches

Read Article

10 Most Needed Jobs in the Future

M
Is DIY in your DNA? Become part of our maker community.
Submit Your Work!