What to expect when subpoenaed as a witness?
Asked by: Dr. Harley Beier II | Last update: September 29, 2025Score: 4.3/5 (38 votes)
When the Clerk of the Court calls your name, you will be asked to step forward, take an oath to tell the truth, and be seated on the witness stand. If you have been called by the State, the Deputy District Attorney will first ask you questions convening the case.
What do you do if you get a subpoena as a witness?
In short, if you receive a witness subpoena in a criminal case and you have any concerns about the possible repercussions of testifying, you should immediately consult an experienced criminal defense attorney to evaluate the circumstances and advise you on how to proceed.
What to expect when testifying as a witness?
Testifying Procedure
The Deputy Prosecutor will call your name as the next witness and you will be asked to step forward, take an oath, and be seated at the witness stand. The Deputy Prosecutor will ask you questions first. After the Deputy Prosecutor's questions, the defense attorney will ask you questions.
Can a subpoenaed witness refuse to testify?
Once you have been given the subpoena, you must legally oblige. If you don't understand your obligations, you should consult a federal criminal defense lawyer serving San Francisco, CA as soon as possible.
Does a subpoena mean you are in trouble?
A subpoena is a court order to come to court. If you ignore the order, the court will hold you in contempt. You could go to jail or face a large fine for ignoring the subpoena. subpoenas are used in both criminal and civil cases.
Subpoenaed As a Witness? What to Expect Before, During, and After Court | Washington State Attorney
How can I get out of a witness subpoena?
If you have been served with a subpoena to testify in a criminal trial in Santa Rosa, CA and you do not want to testify, your best course of action is to contact a criminal defense attorney who can help you work with the prosecutor and/or lawyer for the defendant to see if you can avoid going to court.
Can you remain silent if subpoenaed?
If you are subpoenaed to testify, there is no need to expressly invoke the privilege against self-incrimination. You can hire a lawyer who can invoke your rights on your behalf. The Supreme Court held that it is not difficult for a defendant to say they are not answering questions on Fifth Amendment grounds.
What are reasons to get out of a subpoena?
- The subpoena did not give the statutory amount of time to respond.
- You need more time to respond.
- The subpoena was issued to an incorrectly named entity.
- The request was overly broad and unduly burdensome.
- The request would require the production of trade secrets.
Do I need a lawyer if I am subpoenaed?
The first question you may have when receiving a subpoena is: do I need a lawyer to respond to this? You are not obligated to hire a lawyer to respond to a subpoena on your behalf.
What are the three types of subpoenas?
Three common types of subpoena are – Subpoena duces tecum, deposition subpoena, and witness subpoena.
What should you not say when testifying?
Don't lie about anything, not even white [small] lies. If you are discovered to be lying, the judge may find it hard to believe you when you are telling the truth. Don't argue with the questioner. Don't ask questions back: “What would you do if…”
Can you say you don't remember in court?
Do not give attorneys answers you think they want. If you do not remember, say you don't remember – not that you do not know. Do not guess if you are not sure, unless you are instructed to give an estimate. If you make mistakes in answering, correct yourself as soon as you realize your mistake.
How to not be nervous when testifying?
Stay calm. Take a deep breath to maintain your composure. Taking a deep breath and being aware of a physical response to a stressful situation can help the witness feel more in control. It buys time for the witness to think about the question they are being asked and to formulate their response.
Can I decline a subpoena?
The court will then consider the challenge or objection and make a ruling. While it may be possible to challenge or object to a subpoena in certain situations, it is generally a legally binding order that must be complied with and shouldn't be refused.
Can you opt out of being a witness?
Refusing to testify as a witness after being served with a subpoena in a criminal case can lead to serious consequences. The court may hold the individual in contempt of court, which can result in both imprisonment and a court-imposed fine.
How to prove you were not served properly?
Surveillance: You can provide surveillance footage showing you were not served at the alleged date or that the service was improper. Mail Records: If there's no mail delivered to you or if you haven't signed the receipt. It can indicate improper service.
Can you refuse to testify as a witness?
If a victim or witness refuses to testify, the judge could hold them in contempt of court, as defined under Penal Code 166 PC. This misdemeanor carries fines and up to six months in jail in California, underscoring the gravity of their refusal. Also, the judge can decide to fine them or detain them until they comply.
How long do subpoenas last?
If it is a subpoena as distinguished from a case starting summons and complaint, a subpoena expires on its return date. But a summons is good for 90 days after the starting of the law suit and can be served alternatively to in hand service.
What to expect when you are subpoenaed?
A “subpoena duces tecum” asks you to hand over documents or other evidence relevant to a legal proceeding. A deposition subpoena asks you to give in-person sworn testimony rather than providing documents. A “subpoena ad testificandum” (also called a witness subpoena) summons you to appear and testify in court.
Why was I subpoenaed as a witness?
A subpoena is an official notice to appear in court at the time and place specified. You are called to testify because it is believed that you have information relevant to a criminal case against the defendant. The law requires this information to be given in court, under oath.
How to avoid being subpoenaed as a witness?
Choosing to try and avoid a subpoena is not an easy process. The person will need to hire an attorney, pay attorney fees in most cases, and will need to prepare a motion. If the motion fails, or if there are other reasons that a party may need the person to testify, they may not be excused.
How do I respond to a subpoena?
- Read the Subpoena Carefully: Make sure you understand exactly what is being requested—whether it's documents, testimony, or both. ...
- Provide Documents in the Requested Format: If the subpoena asks for documents, you are required to provide them in the format you usually maintain them.
Does a subpoena mean I'm in trouble?
A subpoena is not an automatic indictment, but the government wants you to believe you're guilty so you cave in. Prosecutors chase convictions under United States v. Nixon, 418 U.S. 683 (1974), which confirmed how subpoenas can pry into almost anything.
Can I plead the 5th if I'm subpoenaed?
Does the Fifth Amendment right to remain silent apply if I am subpoenaed to testify before a grand jury? Yes, you can claim the Fifth before a grand jury.
Can you hide from a subpoena?
If you ignore the subpoena, not only is this likely to raise questions as to why you have chosen not to respond as required, but it could also lead to being held in contempt of court.