I’ve been posting recently about specific subpoena record requests. Today, I thought I’d change things up a little and provide the language we use to subpoena witnesses to testify.
Subpoenaing a witness to testify is a really good idea. If you don’t subpoena someone to appear at trial or an evidentiary hearing, and they don’t show up, then you out of luck. You have no recourse. The judge will look at you and say, “Well, you didn’t subpoena them, so, tough.”
This is why you should subpoena every person you want to show up and testify. Subpoena your own witnesses, just in case they don’t show and you need to ask for a continuance because of their non-appearance. (Advice: always tell them you’re going to subpoena them and the reason why. Subpoena are freaky things to receive in the mail, so explain early and often.)
Subpoena to Appear
First, I’ll include the language of our Subpoena to Appear, then I’ll include a link to our actual document so you can get an idea what the whole thing looks like. (One reason I’m including the .pdf copy is because some of the language is optional, and the .pdf does a good job showing that optional language in red.) Enjoy.
YOU ARE COMMANDED:
[ X ] to appear in the Third District Court at the place, date and time specified below to testify at a trial/evidentiary hearing/hearing in the above case.
[ X ] to appear at the place, date and time specified below to testify at a hearing or the taking of a deposition in the above case.
[ ] to produce or permit for inspection, copying, testing or sampling the following documents, electronically stored information or tangible things in your possession custody or control at the place, date and time specified below:
[ X ] to copy the following documents or electronically stored information in your possession, custody, or control, and bring those documents or electronically stored information with you to the trial/evidentiary hearing/hearing at the place, date, and time specified below.
[ ] to permit inspection of the following premises at the date and time specified below.
DATE: XXXX XX, 20XX
TIME: X:XX a.m./p.m.
Specify the items requested. If you already have acquired them (which you should) through the discovery process, you shouldn’t need to have them bring anything. This is more of a request for depositions than anything else.
NOTICES TO BE PROVIDED REGARDING THIS SUBPOENA
A form of notice to the person served with a Subpoena must be served with this Subpoena. The form explains your rights and obligations. If you are commanded to appear at a trial, hearing or deposition, a one-day witness fee must be served with this Subpoena. A one-day witness fee is $18.50 plus $1.00 for each 4 miles you have to travel over 50 miles (one direction).
You may object to this Subpoena for one of the reasons listed in paragraph 6 of the Notice by serving a written objection upon the attorney listed at the top of this Subpoena. You must comply with any part of the Subpoena to which you do not object.
Dated ____ XXXX 20__.
Subpoena To Appear and Duces Tecum.pdf