A Subpoena is a legal document that commands the person named in the subpoena to appear in Court. An expert witness may not be compelled to testify by subpoena, but you may pay the expert witness for coming to Court to testify.
If you are unable to get a witness to appear voluntarily, you may apply for issuance of a Subpoena.
Subpoena Duces Tecum:
A Subpoena Duces Tecum is a legal document that directs someone to produce a bill, receipt, or other written document or record you need for the Court proceeding.
Application for a Subpoena:
Either party may apply for a subpoena up to 48 hours before the trial date by applying to the Clerk of the Court.
Service of a Subpoena:
You must arrange for service of the Subpoena and the payment of a $15.00 witness fee, and where appropriate, travel expenses for the person subpoenaed. Except where the travel is entirely within a city, a subpoenaed witness is entitled to 23 cents a mile as travel expense to and from the Court from the place he or she was served the Subpoena. Service of the Subpoena may be done by any person (including a friend or relative) who is 18 years of age or older, except that you or any other party to the action may not serve the Subpoena.
An Information Subpoena is a legal document that may help you to discover the location of assets of the Judgment Debtor (Defendant). It is a legal direction to a person or institution to answer certain questions about where the assets of the Defendant are located. The Information Subpoena may be served upon the Judgment Debtor and upon any person or corporation that you believe has knowledge of the Judge Debtor's assets. For example: the telephone company, landlord, or bank. Separate forms are used for service on the Judgment Debtor and service on any other person or corporation.
Application for an Information Subpoena:
If a Judgment has been entered in your favor, you may obtain an Information Subpoena from the Court Clerk.
Fee for the Information Subpoena:
Upon payment of a $3.00 fee you may request an Information Subpoena and the Clerk will assist you or prepare the forms.
Service of the Information Subpoena:
The Information Subpoena and two copies of a set of written questions and a prepaid return envelope may be served by ordinary or by certified mail, return receipt requested.
Answering the Information Subpoena:
The person or corporation served with an Information Subpoena must answer the questions served with the subpoena within 7 days of receipt.