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If you do not subpoena a witness and the witness does not appear at the hearing, you may be required to present your side of the case without that witness. There are three types of subpoenas. The first two can be used to order a witness to appear in court.The third is used to order a witness to appear at a deposition.See pages 4 - 6 for copies of all three. The Subpoena to Appear (CIV-111) is used to order a witness to appear in court to testify.erve a notice of deposition on every other party in the case. See Civil Rules. 30(b) and 31(a) for what the notice must contain. A subpoena (pronounced suh PEEN uh) is a court order that requires a person to appear and testify in court (or at a deposition).
If you have received a legal document called a subpoena from a process server, it is important that you know what this paper is and what it means to you. A subpoena is an order issued by the court requiring you to appear in person at a certain place, date and time to testify as a witness about a particular case. In a criminal case, you can be subpoenaed only to testify in court. In a civil case, you may be subpoenaed for out-of-court testimony as well. In either kind of case, a subpoena may require you to provide documents. A subpoena must be delivered in person. In most cases this can be done by one of the parties in the case or by anyone who is 18 or older. If you are not one of the parties in the case, you should receive an attendance fee and transportation costs (based on mileage) for appearing at the designated time and place.