Subpoena

A Subpoena is a court order that can require a person (whether party to the case or not) to appear for testimony in a court hearing or provide documents or evidence in their possession to the court.

In addition to any fees you may incur by having the other party or a witness served, you must pay a witness (not the other party) $16.00 per day plus $.20 for each mile they have to travel from their home to the place you are requesting their appearance (courthouse). If the witness is traveling from outside Wisconsin, mileage begins from the point they cross the state line. It is your responsibility to calculate the fees. The fees are paid to the witness at the time of service.

Procedural Checklist

1. Make arrangements to have a copy (not the original) personally served on the other party(s) or witness. Do not forget to include the fee/payment to the witness.
2. Deadline: The person you are having subpoenaed must be served with the forms no later than ten (10) business days before the date of the hearing.
3. The person serving the Subpoena on the other party or witness must complete the “Service Information” section on the original and all copies of the Subpoena form.
4. After you have served the other party(s) and/or the witness(s) you MUST file a copy of the  Subpoena form in the Family Division Office as soon as possible. You will retain the original Subpoena.
5. If you subpoenaed an individual who is NOT the other party in the action, you must also send a copy of the Subpoena to the other party in the action.

Instructions for Subpoena Form GF-126A

1. Write the name of the County in which you are appearing for court.
2. Case Caption: Write the names of the parties in the same order they appeared at the time of the final judgment. Once the petitioner always the petitioner. For example,
   Jane A. Doe
   vs
   John H. Doe
   Enter your case number from your original Divorce or Paternity.
3. Below the ► write the name and address of the person you are subpoenaing.
4. The Service Information box must be completed by the agency or person you are having serve the subpoena.
5. Appearance Information:
• Write in your court date, time, and location (including room number). Insert the following for location:
  Waukesha County Courthouse, Rm.____
  515 W. Moreland Blvd.
  Waukesha, WI 53188
• Write the name of the court official who is scheduled to hear the case.
• Write your name on the bottom line. You are the person on whose behalf they are appearing.
• Write in the type of proceeding (Ex: motion hearing, divorce trial, review hearing, etc).
6. Mark an X in the first box if you want the person to bring items with him/her to court. List below the specific items he/she must bring to court.
7. Mark an X in the second box if you are subpoenaing someone who is not a party to the action.
8. Write in your name, title, telephone number, and address so that the witness may contact you with questions.
9. Bring the Subpoena to the Family Division to obtain the Court Seal and Issuing Official information.