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Obtaining a Civil Subpoena

What is a Subpoena?

Subpoenas are vital to many court cases, as they ensure that the court has all the necessary information and testimony to support a fair and just verdict. A subpoena is a legal document issued by the court that notifies an individual that they are required to testify in a legal proceeding, produce documents or present evidence relevant to the case.

Attorneys typically request subpoenas during the discovery phase of a case, and their effective use can significantly impact the outcome of legal proceedings. Individuals representing themselves are able to request subpoenas. Use the following information to help you with your case.

How to Obtain a Subpoena

What is the purpose of a subpoena?

  • Appearance in Court: A subpoena can compel an individual to testify as a witness in a legal proceeding. This strengthens your case by ensuring testimony, as a subpoena requires a witness to make an appearance in court or provide evidence.
  • Production of Evidence: It may require the recipient to produce specific documents, records or other tangible evidence that is relevant to the case.
  • Obtaining Information from Third Parties: Subpoenas are often directed at individuals or entities that are not directly involved in the case but possess information or materials crucial to resolving the matter.

Why is a subpoena important?

  1. Ensures Access to Evidence: By compelling the production of evidence or testimony, subpoenas help uncover the facts necessary for a fair trial or legal determination.
  2. Legal Compliance: Subpoenas provide a formal, court-authorized mechanism to gather information, ensuring that the legal process is respected and followed.
  3. Timeliness: Subpoenas are time-sensitive, with strict deadlines for compliance, which helps keep cases moving efficiently through the legal system.
  4. Accountability: Failing to comply with a subpoena can result in legal penalties, including fines or contempt of court charges.

Steps to Obtain & Serve a Subpoena

Download Request Form

Identify a Need

Narrow down what necessary witnesses, professionals or organizations have relevant information or evidence to prove your argument.

Discussing this with an attorney may be beneficial.

File an Official Request

The seeking party should fill out a request form for a civil subpoena. You may want to speak with an attorney for more information. 

Find the button above to access the request form.

Ensure Subpoena is Served

Utilizing a sheriff or process server to deliver a subpoena can be an effective way to guarantee that service is completed and can provide you with an Affidavit of Service.

Subpoenas are served in the same manner as a summons. See SDCL 15-6-45c.

Final Steps

File proof of service to the court, and pay a fee to any witnesses called to appear for their time and mileage. For the first appearance, the fee is $20 plus mileage.

Witnesses may request fees for further days.

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