Before your trial or hearing, you should serve a subpoena on each witness to make sure they show up.A subpoena requires someone to give evidence to the court.A summons requires someone to appear in court.The court clerk can give you a subpoena form.Follow your state's rules for service of process.You should enforce the subpoena if the witness doesn't show up to testify.
Step 1: You can get the form.
You can fill out a blank subpoena form.Go to the court website and ask the clerk.Mention that you need a subpoena.There are different types of subpoenas.Start the subpoena process early.The day before you expect a witness to testify, you can't serve a subpoena.You might need to give a certain amount of notice.You can find out how much notice is given by reading your state's rules.
Step 2: Go ahead and complete the form.
You need to give the court the name and address of the witness.The court's name.The name of the action is typically Smith v. Smith.The type of subpoena.Lawyer information (if you are an attorney).They testify at a certain time and place.
Step 3: The subpoena should be submitted to the court.
The clerk needs to sign off on the subpoena.They usually do.It's a good idea to make a copy of your own records.
Step 4: Do you know the methods of service?
Depending on the jurisdiction, acceptable methods of service will be different.It is advisable to read your state law on subpoenas.The sheriff can serve the subpoena.A process server can be hired for a fee.You can check online or in the phone book.Process server charges around $65 to make service.If this person is not a party to the case, you can ask them to deliver the subpoena.You might be able to mail the subpoena certified mail.You will need to get the court's permission first.
Step 5: You should pay your witness fees.
You need to pay a fee if you want to attend a deposition, hearing, or trial.You might have to pay a mileage fee.If this applies to your situation, you should check your state law.You should always have proof of payment.If you pay with a check, you will get a copy of the canceled check.
Step 6: Hold onto the paperwork.
You should get proof that the subpoena was served in the form of an affidavit from the server.If you need to prove service was made, keep this paperwork.Do you need to file the affidavit with the court?
Step 7: Copies should be given to other parties.
You might need to send a copy of the subpoena to the other parties in your jurisdiction.If you have a lawsuit against two people, both of them will need a copy of your subpoena.The copy can be sent to other parties.You don't have to personally serve it, if you fax or mail it.
Step 8: You should have proof that you served the subpoena.
You should find a copy of the subpoena and proof of service.You should find proof that you paid witness fees.You have to show the judge that you followed the rules when you sent the subpoena.
Step 9: There is a contempt motion to be filed.
The judge needs to enforce the subpoena.A short motion and affidavit should be used to explain that the witness did not show up to testify.An order to show cause is an order for a witness to come to court and explain why they did not comply with the subpoena.If you are in the middle of a trial, you may be able to make an oral motion to the judge.You could say, "Your Honor, my witness, Mrs. Kathy Smith, has not shown up even though I served her with a subpoena."
Step 10: Show cause on the witness by serving the order.
You can serve it the same way you did the subpoena.Read the court rules to double check.You need to show proof that you made service.
Step 11: You should attend the court hearing.
The witness will be given a chance to explain why they didn't show up.They might argue that you didn't complete the subpoena correctly.The witness will be ordered to testify if the judge decides you did everything right.A witness can be arrested if they refuse to testify.They could be fined until they agree to comply.