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A deposition is taking a witness' testimony outside of court. 1. Take a blank Subpoena to the clerk to have it issued.I declare under penalty of perjury that this information is true. Subpoena to Testify at a Deposition in a Criminal Case. Download Form (pdf, 274. Use this form if you want a witness to appear to answer questions at a deposition, and to bring with them any documents or things. One of the first steps in preparing for trial is talking to witnesses who could be called to testify in court. Who Can Be Subpoenaed as a Witness? Subpoena is a formal written order that requires a person to appear before a court, or other legal proceedings, and testify, or produce documentation. (2) A subpoena commanding attendance at a trial or hearing shall issue from the court for the county in which the hearing or trial is to be held.