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Subpoena to Appear and Testify at a Hearing or Trial in a Bankruptcy Case (or Adversary Proceeding) (Superseded). Or a complaint filed in criminal, traffic, or civil court.A subpoena must issue from the court where the action is pending. Incomplete or undetermined state of affairs. abscond. To run away or hide from the jurisdiction of the court in order to avoid legal proceedings. If you are unable to get a witness to appear voluntarily, you may apply for the issuance of a subpoena to the Clerk of the Court. A subpoena may command a witness to: â–« Testify at a deposition, hearing or trial (testimonial subpoena). (a) Compliance with California Rules of Court . Form B 256 is a subpoena compelling awitness to appear and testify at a hearing or deposition in a bankruptcy case. Default Judgment - A judgment entered against a party who fails to appear in court or respond to the civil complaint or petition.