Subpoenas
In order to prove certain facts in your case, you may need evidence that another person has or you may need a witness to testify at your hearing. If the person with the evidence will not give it to you voluntarily or the witness does not want to come to your hearing, you can request the court to issue a subpoena. This site will answer the following questions:
- What is a subpoena?
- What is the difference between a subpoena and a subpoena duces tecum?
- How do I get a subpoena?
- How must a subpoena be served?
- Can a person dispute a subpoena?
- What is the penalty for disobeying a subpoena?
A subpoena is a court order that tells someone to produce certain evidence or attend a court hearing.
What is the difference between a subpoena and a subpoena duces tecum?
A subpoena is a directive to a person to attend a particular event/proceeding. A subpoena duces tecum is a directive to a person to produce documents or other things and/or attend a particular event/proceeding.
If you are representing yourself, you must have the court issue the subpoena before you serve it. See JCRCP 45. To do so, fill out a subpoena (link to form) and include the following information:
- The name of the court
- The title of the action
- The case number and
- Command a specific person to testify or produce something at a specific time and place.
How must a subpoena be served?
It must be served personally along with witness fees. The fees are currently $26 a day plus 26 cents per mile (estimate the number of miles for a round trip to the court or wherever you are subpoenaing the person to). Proof of service of the subpoena must be filed with the court.
Can a person dispute a subpoena?
A person may serve a written objection to inspection or copying of any or all of the designated materials or of the premises which requires the person serving the subpoena to file a motion to compel production of documents, etc . . .
A person may also file a motion to quash or modify the subpoena if it requires compliance in an unreasonable amount of time, requires a nonparty to travel more than 100 miles, requires disclosure of privileged information or subjects a person to an undue burden.
What is the penalty for disobeying a subpoena?
Contempt of court.
