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Subpoena a Witness

What is a subpoena?
A subpoena is a court order that says that your witness has to come to court. It can also say that someone has to bring certain papers to court at your hearing.

Do I need to subpoena someone?
You need to subpoena a witness if:

• Your witness won't come to court, or
• Someone won't give you the documents you need to prove your case.

Where can I get a subpoena form?
You can get your subpoena (form SC-107) from the small claims clerk or download it here (in PDF format).

You'll need to know the name of the witness that you want to come to court. Or exactly what papers you want the person to bring to your hearing.

How do I prepare a subpoena?
1. If you are subpoenaing a person to come to court, fill out page 1 only. If you are requesting documents, complete pages 1 and 2 (form SC-107). (You will fill out page 3 later.)

2. Take the subpoena to the clerk. The clerk will look at the subpoena and may ask you a few questions.

3. After the clerk signs and stamps the subpoena, make copies.

4. After you make copies, serve the subpoena to the person or business you are subpoenaing. Anyone, even you, can serve your subpoena.
Serve a copy of the subpoena - not the original signed and stamped by the clerk.

5. After the subpoena is served, fill out Page 3 of the original subpoena (form SC-107). Have the person who served the subpoena sign at the bottom of page 3.

6. After you complete page 3 of the original subpoena and have it signed, return the subpoena to the clerk before your hearing.

Do I have to pay to subpoena a witness?
Witnesses can ask for $35 a day and 20 cents a mile each way at the time you serve the subpoena. Be prepared to pay the witness fees. If the witness asks for the money before your court date and you don't pay it, then the witness does not have to show up at your hearing.

Note: You don't have to pay anything if your witness doesn't ask for money. But you should have the money with you at court, in case the witness asks for the fees. SC-107 lets the witness know that they have a right to these fees, so the witness may ask for the money in front of the judge.

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Last modified: 01/05/2009

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