Subpoenas can be obtained from the Court Administrator's Office in the county where the court action is filed. Someone who is not part of the court action can make service of the subpoena. County Sheriff's civil department does serve subpoenas.
An original and a copy for service must be given to the Sheriff's Office. Following service, the original Subpoena will be returned to the party along with an Affidavit of Service. It is the responsibility of the party to return these to the Court Administrator.
A Subpoena can be served upon the named person or left with someone of "suitable age and discretion" who resides at the same address.
In most civil cases, a witness who has received a subpoena is entitled to witness fees and mileage in advance. If so, a check to cover the witness fees and mileage usually is provided to the witness at the time the Subpoena is served. It is the responsibility of the person requesting service to pay those fees. To determine if a witness is entitled to fees, please check the statutes and rules applicable to the particular type of court action. The type of action in court determines the type of fees.
The Sheriff's Office does charge for service of a subpoena.
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