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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 is a court order requiring a witness to appear on the date of the trial in order to testify. A subpoena is a court order telling you to appear at a legal proceeding, you must appear at the place and time designated on the subpoena. In some instances, a subpoena to testify in court may also be used to order a person to give testimony at a deposition. Depositions enable a party to know in advance what a witness will say at the trial. 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. To order someone to appear to testify at a court trial or hearing. 2.