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A witness subpoena is a court order requiring you to appear at the stated place and time, even if you do not see a judge's signature on the document.
The first step is to fill out the proper forms and obtain the subpoena from the court clerk. Keep in mind that the document must be notarized and signed by the judge or attorney who issued it before it is legally binding.
On the subpoena form, write in the full and correct name of the other party or witness. If you use the Civil Subpoena (Duces Tecum) (Form SUBP-002) make sure you describe exactly what papers they must to bring to the hearing (or trial). 3. Make copies of your issued Subpoena.
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
For example, an attorney representing a spouse in a child custody hearing might issue a subpoena to the other spouse to appear in court to determine joint custody arrangements. Other examples of subpoenas may include requests for: Blood test information.
Here's how the process works: Complete a subpoena form, and attach an affidavit explaining why you need the documents and how they pertain to your case. Give copies of the subpoena form and affidavit to the court clerk, who will then authorize and issue the subpoena. Have the subpoena served to the party in question.
A subpoena may be served at any place within the state. (B) If the subpoena requires the person's attendance, fees for one day's attendance, mileage and travel expense allowed by law must be tendered. If fees, mileage and travel expense are not tendered with the subpoena, the person need not obey the subpoena.