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Commonly Asked Questions about Subpoena Forms

Obtain a blank subpoena form from the court clerk or download it from the courts website. Fill in the case caption at the top of the subpoena form, including the court name, case number, and the names of the parties involved. In the To section, write the name and address of the person or entity being subpoenaed.
A criminal witness subpoena commanding the witness to appear for a deposition may be posted by a person authorized to serve process at the witnesss residence if one attempt to serve the subpoena has failed. The subpoena must be posted at least 5 days before the date of the witnesss required appearance.
A subpoena shall be served by delivering a copy to the person named or to an agent authorized by appointment or by law to receive service for the person named or as permitted by Rule 3-121 (a)(3).
A subpoena is a legal document that commands a person or entity to testify as a witness at a specified time and place (at a deposition, trial, or other hearing), and/or to produce documents or other tangible objects in a legal proceeding. Frequently Asked Questions - Subpoena FAQs berkeley.edu offices legal-affairs berkeley.edu offices legal-affairs
To subpoena the other party, follow these instructions: Take a blank Subpoena to the clerk to have it issued. Fill out the Subpoena. Make copies of your issued Subpoena. Serve the Subpoena. Fill out Page 3 of the original Civil Subpoena. Return the Subpoena to the clerk before your hearing (or trial).
Only an attorney authorized to practice in the court where the subpoena is issued may issue and sign a subpoena. Otherwise, the clerk of court must issue the subpoena.
The subpoena duces tecum: This type of subpoena requires the recipient to produce documents, records, or tangible evidence at a particular time and place. It is used to gather evidence. The subpoena ad testificandum: This subpoena compels a witness to appear and testify at a deposition, hearing, or trial.
Subpoenas are issued by an attorney on behalf of the courts and are created by a court clerk, judge, or notary public. They can be hand delivered, emailed, sent via certified mail, or even read out loud in person.