Wisconsin Subpoena in a Criminal Case

State:
Wisconsin
Control #:
WI-SKU-0217
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Description

Subpoena in a Criminal Case

A Wisconsin Subpoena in a Criminal Case is a court order to a person or organization to appear in a court of law and/or to produce documents, records, or other evidence pertinent to a criminal investigation or trial. There are two types of Wisconsin Subpoena in a Criminal Case: a Subpoena Ducks Cecum and a Subpoena Ad Testificandum. A Subpoena Ducks Cecum orders the recipient to produce documents or other physical evidence for the court. A Subpoena Ad Testificandum orders the recipient to appear in court and testify. Both Subpoenas require the recipient to comply with the order or face legal consequences.

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FAQ

Serve the Notice. If it is delivered in person, it must be served at least 10 days before the court date; For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. If it is delivered in person, it must be served at least 20 days before the court date.

Subpoenas that are procedurally defective are usually invalid and professionals do not have to respond to them. Federal courts have limited reach across state lines and are limited in how far they can force a witness to travel to appear for testimony.

Deadline: The person you are having subpoenaed must be served with the forms no later than ten (10) business days before the date of the hearing. The person serving the Subpoena on the other party or witness must complete the ?Service Information? section on the original and all copies of the Subpoena form.

Personal service at least 72 hours prior to the hearing if the person is found in Wisconsin but not in the county where the hearing is being held. Motion and Order for Hearing on Contempt Must be served eight working days prior to the court date.

885.03 Service of subpoena. Any subpoena may be served by any person by exhibiting and reading it to the witness, or by giving the witness a copy thereof, or by leaving such copy at the witness's abode.

They also can have it served by the sheriff's office or a private process-server. Along with a subpoena, parties must include payment to the witness of a daily fee and mileage for appearing.

Any subpoena may be served by any person by exhibiting and reading it to the witness, or by giving the witness a copy thereof, or by leaving such copy at the witness's abode.

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Wisconsin Subpoena in a Criminal Case