Instructions for Subpoenas if you are a defendant in Municipal Court
- At the top, fill in the name and address of the witness you are subpoenaing. If you know the business address and home address, provide both.
- The clerk will fill in the rest. The subpoena must then be signed by the judge.
If the judge is not immediately available, we will contact you at a telephone number that you provide, and we will call you
when the signed subpoena is ready to be picked up.
- Take the original and make at least one copy. Have a reliable adult, other than yourself, personally hand-deliver a copy to the witness or arrange for a professional process server to do this. Professional process servers are listed in the phone book and will charge for the service. The Dane County Sheriff's Department will also serve this for you and charge for the service. They are located on the 2nd Floor of the Public Safety Building at 115 W Doty Street. It is not okay to mail it to the witness and it is not okay to leave it taped to the person's door. It must be handed to the person or left at the person's place of residence with someone at least 14 years old. It is better if it is left with an adult and if you can confirm that the witness does reside where you left it.
- You must pay the witness the following at the time you serve the subpoena: $5.00 plus round-trip mileage to the courthouse from the person's home at $.20 per mile. You must pay the witness by cash, check, money order, or certified check. Have the witness sign a receipt showing the payment amount and date, if possible. Bring the receipt to the trial.
- Have the person who served the subpoena fill out the bottom portion of the original subpoena with the needed information. Bring the original subpoena with the bottom part filled out to the trial.
- You will not be reimbursed for the witness costs even if you win the trial.
- The subpoena should be served at least 2 weeks before the trial date to allow the witness to make any necessary work or personal accommodations. In the event that it is not possible, due to unforeseen circumstances, the witnesses may be served later, but not less than 3 days before the trial date and time.