Bringing elements to prove your case is essential in Small Claims courts and bringing a witness who can testify in your favor can change the outcome. However it is sometimes challenging to convince a stranger to come to court. A Subpoena is a court order, which requires a person to come to court and a Subpoena Duces Tecum, is a court order that requires a person to bring certain documents or records to court. The forms are available at the Small Claim court Clerk and must be delivered to the witness in person.
There are no particular rules concerning who is allowed to serve the court order but you must serve a copy and return the original Subpoena to the court.
In some cases, potential witnesses may ask you for a fee and will not have to attend the court hearing if they don’t receive it. Nonetheless, if they don’t ask for any fee you do not have to make an offer.
If you are requesting documents, a list of the documents or records must be detailed in the Subpoena Duces Tecum.
Once you have served the Subpoena, the original copy and a Proof of Service must be filed with the Small Claim court before the date of the hearing.