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If a witness to the dispute you want as a witness refuses to appear in court voluntarily, you may ask the Clerk of the Court to issue a subpoena to make the individual appear. You must complete the face of the subpoena by filling in the caption of the case as well as the name and address of the witness.

 The subpoena may be delivered to the witness by the Sheriff. The cost of serving the subpoena varies depending upon the distance between the Sheriff’s Office and the place where the Sheriff serves the witness. Also, the witness is entitled to advance payment of a fee plus mileage each way for necessary travel. The winning party may ask the court to order the losing party to reimburse (pay back) these expenses.

 A witness should be subpoenaed a reasonable period of time in advance of the trial date so they can plan to come to court.