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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).
However, the right to compel witnesses does not ensure the actual attendance of the witnesses. An individual who receives a subpoena is bound to obey it and appear in court. Once a witness appears in court, he may be forced to attend court until dismissed by the court or by the party who summoned him.A person who fails to appear and testify subject to a subpoena can be punished for Contempt.ndividuals who are called as witnesses have a public obligation to attend the court or legislative tribunal to which they are summoned and to give testimony. Constitutional and statutory provisions provide that the parties to a civil lawsuit have a right to compel essential witnesses to appear.