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A subpoena must state the court's name and the title of the proceeding, include the seal of the court, and command the witness to attend and testify at the time and place the subpoena specifies. 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. A criminal lawyer uses a subpoena to obtain a witness or use testimony from a third party that can help prove his or her client's innocence. The person who serves the Subpoena must complete an Affidavit of Service (download in ADOBE ACROBAT) and file it with the Court. Please note: at the majority of court proceedings witnesses are not allowed to enter the courtroom until they are called upon to testify. Please note: at the majority of court proceedings witnesses are not allowed to enter the courtroom until they are called upon to testify. If you were a victim of a crime or witness to one, you may receive a subpoena telling you when you have to come to court, and who is calling you to court.