How To Subpoena Documents and Witnesses in Small Claims Court

Find out what a subpoena is, how it can help you get the records and witnesses you need, and the steps commonly involved in getting and serving one.

By , Attorney University of Missouri–Kansas City School of Law
Updated 7/16/2025

While it won't often happen in small claims court, you might need a court order commanding someone to appear in court and testify (a "subpoena") or to appear in court and produce documents (a "subpoena duces tecum"). You'll need to follow the court's procedures to get the order you need, but those procedures typically involve these steps:

  • get the court-approved subpoena or subpoena duces tecum form
  • fill the form out completely
  • have the court clerk "issue" it
  • have it served on the witness or the custodian of the documents you need, and pay all fees and costs, and
  • make sure the "return of service" is completed and filed with the court.

After briefly explaining what a subpoena is and why you might need one, we'll expand on each of these steps.

Subpoenas and Why You Might Need One

Suppose your car was vandalized in a hotel parking lot. You want the hotel to pay for the property damage. You learn that a convenience store security camera across the street recorded the incident, but the store manager refuses to give you a copy of the video. How can you get the security footage?

The answer is: With a subpoena duces tecum. You might see this called a "records subpoena" or a "document subpoena." Regardless of the name, in our example it's a court order directed to the person who's the "custodian" of the convenience store's security camera recordings, requiring that they produce the footage you want. The custodian is probably the store manager, or maybe the owner.

Let's continue with our car vandalism example. You find out that a witness who saw your car being vandalized reported it to the hotel manager. You don't need that witness to produce any documents, but you want them to testify in court. If the witness refuses to appear voluntarily, you can subpoena them to show up in court and explain what they saw.

Before You Subpoena Records

You'll want to do some homework before you get a records subpoena. Here are the things you should do.

Try to Get What You Need Voluntarily

Before going through the hassle of getting and serving a subpoena, see if you can get what you need voluntarily.

In our car vandalism example, you might talk to the convenience store manager and ask for a copy of the video. If they're reluctant, let them know—not in a threatening way but politely—that you're hoping they'll give you what you need so you won't have to waste their time by forcing them to appear in court. Once they understand that they can do things the easy way or the hard way, most will choose the path of least resistance.

Learn Your State's Small Claims Subpoena Procedures

Check your state or local small claims court website to see if you can find self-help forms and information. If you can find a court-approved subpoena form that fits your case, use it. For example, California has a link to Form SC-107, Small Claims Subpoena, along with an information page explaining the subpoena process. Nevada has a similar page, complete with several different subpoena forms.

If you don't find what you need online, call the court clerk's office and ask about local procedures and forms. The time you invest in preparation will save you (and others) a great deal of effort and inconvenience later in the case.

Make Sure You Subpoena the Correct Person

To get a subpoena duces tecum, you'll first have to figure out who has custody and control of the records you need. Naming the right person is critical. Name the wrong person and you won't get the records you're after. Worse still, you'll have to repeat the process, likely delaying your case by weeks or months.

Large companies often have one or more designated "records custodians"—people whose job it is to collect and maintain records and to respond to requests like yours. Once you know who that person is (check online or call), naming them in your subpoena is straightforward.

Smaller companies might prove to be more of a challenge. Chances are they've never heard of a records custodian, so you'll have to explain that you need the person who's in charge of whatever documents or information you want. Be patient. And as you work through the identification process, try to convince the people you speak with to voluntarily give you what you're after. You might be able to avoid a subpoena altogether.

How Can I Get a Subpoena?

Whether you want a subpoena or a subpoena duces tecum, the steps you need to follow will mostly be the same. There's a bit more involved to get a subpoena duces tecum, but we'll cover that below.

Keep in mind that the steps we outline here are generic, meant to describe a typical subpoena process. It's up to you to find out about your local practices. Every court has its own slight variations, and getting it right is essential.

  • Get the correct form. As mentioned above, you're looking for court-approved subpoena forms. Some states use the same form for subpoenas and subpoenas duces tecum—you just check a box indicating what you want.
  • Fill the form out. Make sure you provide all the information required by the form, and be certain that it's correct. A mistake here will delay the process of getting your subpoena, and might mean you have to delay your court hearing.
  • List the documents and records you want. Quite often, the subpoena duces tecum form will have a space where you can list the information you want. If not, you'll need to attach a separate page. Note that if you use an attachment, the court rules probably require that it be in the form of an affidavit or a declaration under oath. Be as specific as you can with your requests, and make sure you're asking for things that are relevant to your case. Judges frown on overbroad requests and "fishing expeditions."
  • Identify how you want the subpoena returned. For a subpoena duces tecum, you'll need to tell the records custodian how you want the subpoena "returned," meaning how you want them to respond. You typically have a couple of options. First, you can tell them to show up in court with the documents on the day of your hearing. The drawback here is that you won't know what you're getting (if anything) until the day of trial. That can cause big problems. Alternatively, you can instruct them to send the documents, along with an affidavit proving their authenticity, to you or to the court clerk. As a rule, this is the preferred method, both for you and the records custodian. You can see what's being produced before the trial, and the records custodian doesn't have to waste half a day in court.
  • Have the court clerk issue the subpoena. Issuing a subpoena means the clerk signs the form and affixes the court seal to it. You'll probably pay a small fee.
  • Serve the subpoena. Whether you're subpoenaing an individual or a business, the court rules usually require that the subpoena be personally served—hand delivered to an actual person, not mailed or dropped off. You probably aren't allowed to do this yourself. Ask the clerk's office for guidance. The most efficient method of service is to pay the sheriff's office or a private process server to handle it. The witness is entitled to a witness fee and a standard mileage reimbursement for travel to and from the courthouse, if you're instructing them to show up. Be ready to pay these costs when the subpoena is served.
  • Send a copy to the other side. You must send the other party (or their attorney, if they have one) a copy of the subpoena. To be on the safe side, send it by certified or registered mail and get a return receipt.
  • Filing the return of service. Once the subpoena has been served, the process server will complete a return of service explaining when, where, and upon whom it was served. The subpoena form should have a return of service section. Once that section is complete, the process server will either file it with the court or give it to you so you can file it. Service isn't complete until the return is filed, so make certain this gets done.

What Happens Next?

Once you've had your subpoena served, the third party either must comply—show up in court and testify or produce the records in their possession that you've asked for—or object to your subpoena and ask the court to "quash" it (cancel it, in whole or in part). If they ask to have it quashed, it's up to the judge to decide whether, and to what extent, they must respond. The other side can object, too, though that's not likely in small claims court.

If you have questions about the process, it might be worth buying an hour of attorney time to get professional advice. Without the necessary information, proving your case and getting the recovery you want could prove elusive.

Further Reading
How to Handle a Motor Vehicle Repair Case
Alabama District Court Small Claims Procedures
Corporations and Limited Liability Companies(LLCs)