Elmira City Court

Civil Court

How To Subpoena A Witness Or Documents

 


How to Subpoena a Witness

Instructions


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How to Subpoena Documents or Records

If you require an individual to produce a record or document necessary for your case, you may apply to the Clerk of the Court for a Subpoena Duces Tecum. This document, once signed by the Court, will direct someone to produce a bill, receipt or other document in his/her possession or under his/her control.

Either party in a case may apply for a subpoena for records up to 48 hours before the scheduled trial date. The application is available on this web site or from the Clerk of the City Court.

Service of a subpoena for records may be done by any person (including a friend or relative) who is 18 years of age or older. A party to this action can NOT serve a subpoena. The person who serves the subpoena must complete an Affidavit of Service and file it with the Court.