Serving a Subpoena

What is a Subpoena?

A subpoena (pronounced “suh-pee-nah”) is an official notice that requires a person to come to court. The Subpoena can also require the person to bring certain documents. For example, in a child support case, you may want to use the opposing party’s bank records to prove that he is capable of providing support. If you do not have access to those records yourself, you may choose to subpoena the bank records. The bank would then have to come to court with the documents you requested.

How can a Subpoena help me?

Sometimes you need the testimony of someone who would not voluntarily come to court. Sometimes documents you do not have access to may strengthen your case. Serving a subpoena in such instances may provide the information you need to make a strong argument in court.

How do I serve a Subpoena?

You will need the help of a deputy sheriff or constable to serve a subpoena. A list of deputy sheriffs is included in this pamphlet. Before serving the subpoena, however, you must fill out a subpoena form. When filling out the form, you will include what you are requesting, from whom you are making the request, which court that person needs to appear in, when that person needs to be there, and the name of the case for which the person is being subpoenaed. A sample subpoena showing the form you should follow is also included in this pamphlet.

 

If you are serving someone in order to obtain documents, but you do not really need the person to appear in court, you may attach a letter to the subpoena alerting the person to that fact. A sample of such a letter is included in this pamphlet. Once you have filled out the subpoena, you should get it signed by a notary public. Then, you take it to the deputy sheriff’s office, and they will serve it for you. A list of deputy sheriffs and the cities they serve is included in this pamphlet.

Please be Advised

It costs money to serve a subpoena. Costs include a service fee and a witness fee. If you are unable to afford the costs, you may apply at the courthouse for a waiver of the cost of service of process. This is a separate form that you can obtain and fill out at the courthouse. You will need to fill out an affidavit (a statement signed under oath) called an “Affidavit of Indigency” and possibly a second form called a “Supplement to the Affidavit of Indigency”. These forms show that you are eligible to have the State pay the cost of serving the Subpoena because of your low income.