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File your original and a copy of your Request, together with a completed Proof of Service and copies, at the court's clerk's office. Subpoena to Testify at a Hearing or Trial in a Criminal Case.Download Form (pdf, 309. I declare under penalty of perjury that this information is true. A witness subpoena is a court order requiring you to appear at the stated place and time, even if you do not see a judge's signature on the document. In other words, a subpoena duces tecum requires someone to produce certain documents or pieces of evidence at a hearing or trial in a criminal case. The first type of a subpoena is in criminal cases is a witness subpoena. Witnesses are subpoenaed to testify at these hearings. A subpoena is a court document that orders a person to appear in court and testify. In some instances, a subpoena to testify in court may also be used to order a person to give testimony at a deposition.