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I declare under penalty of perjury that this information is true. Subpoena to Testify at a Deposition in a Civil Action.Download Form (pdf, 1. An attorney who seeks to obtain evidence or a deposition from a non-party must notify the other parties of the subpoena's issuance under the FRCP. YOU ARE COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case. Either party in a case may apply for a subpoena for records up to 48 hours before the scheduled trial date. WHAT IS A SUBPOENA? A subpoena is the process to require the attendance of a non-party witness at deposition, hearing or trial. WHAT IS A SUBPOENA? A subpoena is the process to require the attendance of a non-party witness at deposition, hearing or trial.