Subpoenas are used for a variety of reasons. Typically a Plaintiff or their Attorney will request documents, or an individuals appearance, to testify in an ongoing case. The Subpoena is drawn up with information including date and time when documents or defendant must appear; particular case and docket number of case the subpoena relates to; reference to the exact documents requested; and notarization of the subpoena (SCCO has Notary’s on staff when needed). Service of each Subpoena may include a witness fee provided to the party being served. Below is a list of some of the different subpoenas and what they are used for.
- Subpoena Ad Testificandum = (Latin for “to testify under penalty”) Used to command a person to appear and give oral testimony at a hearing or trial.
- Subpoena Duces Tecum = (Latin for “bring with you under penalty”) Used to command a person to appear and produce tangible evidence (documents, records, photos, etc.) for use at a hearing or trial.
- Deposition Subpoena = Used to command a person to appear and testify at a deposition presided over by an officer authorized to administer oaths (notary public, justice of the peace, etc.). A deposition will take place outside the courtroom, usually at an attorney’s office.
- Witness Summons = Used to compel a witness to appear at Court, before a person authorized to examine witnesses (i.e., hearing officer), or at a deposition, to testify about what he/she knows. This is also equivalent to a Subpoena.
Witness fees are based on number of days witness is required to appear and mileage (round trip) that the witness must travel. Below is a breakdown of what witness fees are required for each type of Subpoena.
Subpoena for Trial *
Subpoena for Deposition *
Subpoena in Federal Case (U.S. District Court) **
Subpoena for Federal Deposition (U.S. District Court) **
Subpoena Federal in a Civil Case (U.S. District Court) **
* witness fee of $6.00 per day plus $0.10 per mile (round-trip)
** Federal witness fee is $40.00 per day plus $0.51 per mile (round-trip)