Subpoenas are obtained from the Court Administrators Office, Civil Division in the county where the court action is filed. Service can be made by any person 18 years of age or older who is not an interested party to the legal action.
Serving a Subpoena
To have the Sheriff’s Office provide service, an original and a copy of the subpoena must be given to the Sheriff’s Office. Following service, the original subpoena is returned to the party requesting service along with an Affidavit of Service. It is the responsibility of the party requesting service to return these documents to the Court Administrator.
A subpoena can be served upon the person named therein or left with someone of “suitable age and discretion” who resides at the same address.
Witnesses / Witness Fees
In a majority of cases, a witness who has received a subpoena is entitled to witness fees and mileage in advance. If this is the case a check to cover the witness fees and mileage is usually provided to the witness at the time the subpoena is served. It is the responsibility of the person requesting service to pay these fees. To determine if a witness is entitled to fees, please check the statutes and rules applicable to the particular type of court action involved. The type of action in court determines the type of fees.
Note: The Sheriff's Office charges a fee for this service.