Order a witness to appear and bring evidence to court
If there is a witness you need to bring evidence to a trial or hearing, you may use a subpoena to order that person to bring the evidence to court.
Before you start
It's a good idea to subpoena the important witnesses for your case
The judge may not wait for a witness who has not been subpoenaed to show up before making a decision.
You may have to pay witnesses
Witnesses can ask for $35 a day and $.20 per mile each way. If they request to be paid before the hearing, you must pay them. Otherwise they are not required to appear.
Be prepared to pay the witness when they come to court regardless of whether they've asked to be paid.
There are special protections for phone records, e-mails, and texts
If you are subpoenaing evidence that includes phone records, email, social media, or texts you must get consent from the owner of those communications by having them sign a release.
Your local Self-Help Center or Law Library may be able to help you find the proper language for the specific release you need.
You must give notice to any consumer or employees whose records you seek
If you are subpoenaing evidence that includes consumer records or employee records of a company, you must give notice to the consumer or employee before serving the subpoena in order to give that person the opportunity to object to the production.
Learn how to give notice to the consumer or employee of the witness
How to use a subpoena
-
Take a blank subpoena to court
Take a blank Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and DECLARATION (form SUBP-002) to your court clerk's office.
The clerk will issue the subpoena. This means the clerk signs and stamps the subpoena before you fill it out.
Bring a separate one for each person, business, or agency you want to subpoena.
A few courts post issued subpoenas online. The subpoena will have a Clerks' signature and stamp on them. Check on their website or call and ask if they have them available online. -
Fill out your subpoena
- Complete the case information in the caption.
- Just below the caption, write the name, address, and phone number of the witness you want ordered to appear.
- In section 1, complete the information about your trial or hearing date.
- In section 3, check "a" if you want the witness to come to court and bring the original documents or things. Check "b" if you want the person at a business who is in charge of the documents (a custodian of records) to send the records to court.
- In section 4, write your name and phone number. The date, name, and signature will have already been completed by the court.
- On page 2, check "the following declaration" and complete the declaration regarding the documents or other evidence that you are seeking.
- Date, print, and sign your name at the bottom of the second page.
If the documents include records of the consumer or employee of the person or business on the subpoena, you have to give notice to the consumer or employee at least five days (or longer if the notice is by mail) before you serve the subpoena on the witness.
Learn how to give notice to a consumer or employee of the witness
-
Make copies
Make at least 2 copies of your Subpoena form. One for you and another for the person you need to subpoena.
Keep the original for the court.
-
Deliver the subpoena
Hand deliver ("serve") a copy (not the original) of the Subpoena to the person or business you are subpoenaing.
You must serve in person 5 days prior to the hearing. But it is usually a good idea to provide substantially more time (15 days) for the production of records, especially if they are being mailed to the court by the witness.
Corporations and LLCs typically have a designated person or law firm that you need to serve (agent for service of process). They should be listed with the California Secretary of State.
Corporations or LLCs can request a different type of service for subpoenas, such as faxing the subpoena. -
Fill out the Proof of Service
Fill out page 3 of the original Subpoena form, the Proof of Service.
Have the person who delivered the Subpoena sign at the bottom-left of page 3.
Ignore the signature line on the right-hand side. This is only used if a sheriff or marshal serves the subpoena.
-
Bring the subpoena to the trial or hearing
Bring the original Subpoena form to your trial or hearing.
If your witness does not appear, you will present the Subpoena to the court. The court may ask you whether you want a continuance (move the hearing to a later date) so you can have the witness or evidence at your trial or hearing.
Once you've completed and served the subpoena, you can expect the witness to appear at your trial or hearing with the evidence you requested.