Get Request To Issue Subpoena

To obtain a subpoena, you must submit a written request to the Commission listing your witnesses and explaining why each one is important and necessary to prove your case. Also send a copy of your request to the appointing authority attorney.

Parties typically use subpoenas in civil litigation to obtain evidence from individuals, corporations, and other entities who are not parties to the lawsuit.

A witness summons (or subpoena) will be clearly marked as such and should be signed by an officer of the court and bear the court's official stamp. The witness summons will include details of the time, date and place of the hearing. If documents or other records are required, this too will be specified on the summons.

It may be issued by a Judge, Magistrate or the Clerk of Court upon request by either defense or plaintiffs attorney. Subpoenas are also issued by the clerk, signed, sealed, and otherwise blank, to Federal agencies and attorneys.

Subpoenas may be issued without a court order by the clerk of the court, a judge where there is no clerk, the attorney general, an attorney of record for a party to an action, an administrative proceeding or an arbitration, an arbitrator, a referee, or any member of a board, commission or committee authorized by law to ...

A subpoena must be “so ordered” or signed by a judge. Sometimes, an entity has independent subpoena power and can issue a subpoena without a judge's signature. If your office has Page 2 SUBPOENAS independent subpoena power, please include the relevant legal provision in the body of the subpoena.

Providing inaccurate information on the Affidavit of Service, failing to have it notarized, or not filing it with the court can nullify the subpoena.

(d) Subpoenas by attorneys. An attorney appearing for a party may issue subpoenas or subpoenas duces tecum returnable at a hearing before an administrative law judge.