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Elmira City Court


Civil Court

How To Subpoena A Witness Or Documents

How to Subpoena a Witness | How to Subpoena Documents or Records


How to Subpoena a Witness

If you are unable to get a witness to appear voluntarily, you may apply for the issuance of a subpoena to the Clerk of the Court.

A Subpoena is a legal document that commands the person named in the subpoena to appear in Court. An expert witness may NOT be compelled to testify by subpoena, but you have the option of paying the expert witness the expert witness' fee for coming to Court to testify.

You must arrange for service of the subpoena and the payment of witness fees and, where appropriate, travel expenses for the person subpoenaed. Except where the travel is entirely within a city, a subpoenaed witness is entitled to travel expenses to and from the court from the place he/she was served with the subpoena.

Either party in a case may apply for a subpoena for a witness up to 48 hours before the scheduled trial date. The application is available on this web site or from the Clerk of the City Court.

Service of a subpoena upon a witness may be done by any person (including a friend or relative) who is 18 years of age or older. A party to this action can NOT serve a subpoena. The person who serves the Subpoena must complete an Affidavit of Service and file it with the Court.


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How to Subpoena Documents or Records

If you require an individual to produce a record or document necessary for your case, you may apply to the Clerk of the Court for a Subpoena Duces Tecum. This document, once signed by the Court, will direct someone to produce a bill, receipt or other document in his/her possession or under his/her control.

Either party in a case may apply for a subpoena for records up to 48 hours before the scheduled trial date. The application is available on this web site or from the Clerk of the City Court.

Service of a subpoena for records may be done by any person (including a friend or relative) who is 18 years of age or older. A party to this action can NOT serve a subpoena. The person who serves the subpoena must complete an Affidavit of Service and file it with the Court.