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Subpoena to Testify at a Deposition in a Civil Action. Download Form (pdf, 1.A subpoena may command a witness to: ▫ Testify at a deposition, hearing or trial (testimonial subpoena). Testify at a deposition, hearing, or trial (testimonial subpoena). •. 1. Take a blank Subpoena to the clerk to have it issued. The person who serves the Subpoena must complete an Affidavit of Service (download in ADOBE ACROBAT) and file it with the Court. A subpoena can help a party investigate their case. Subpoena to produce documents. If you require an individual to produce a record or document necessary for your case, you may apply to the Clerk of the Court for a Subpoena Duces Tecum. Overview. A subpoena is the process to require the attendance of a non-party witness at deposition, hearing or trial.