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A deposition is taking a witness' testimony outside of court. At a deposition, the witness is sworn in, and answers questions under penalty of perjury.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. A Subpoena Duces Tecum is a court order requiring a person to produce certain documents or pieces of evidence at a hearing or trial in a criminal case. Do not bring anything to the deposition unless your subpoena says to. The lawyer can ask for copies of whatever you have with you. (b) Subpoena of Witness.