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Either party in a case may apply for a subpoena for a witness up to 48 hours before the scheduled trial date. A Subpoena is a legal document that commands the person named in the subpoena to appear in Court.I declare under penalty of perjury that this information is true. You must file proof of service of the subpoena with the court. An affidavit of service is included as part of the subpoena form. A Witness Subpoena is a court order requiring a person to appear in court on a certain date and testify as a witness, usually in a trial. ii. Who Can Be Subpoenaed as a Witness? 1. Complete the subpoena form. 2. Prepare a declaration under penalty of perjury. In the "To" section, fill in the information for the person who you want to appear at the hearing on your behalf (they will be known as the "witness").