If you are charged with violating a criminal statute of the Colorado Revised Statutes (C.R.S.) and you wish to compel witnesses to appear at a hearing or trial, you must complete the following steps.
1) Complete a Motion and Affidavit to Issue Subpoena , per Colorado Rules of Criminal Procedure Rule 17(b). Complete all appropriate sections of the form. The form must be signed in the presence of a court clerk or Notary Public. If the Court approves the Motion, the clerk will issue the subpoena(s) as requested.
3) You will need two copies in order to complete personal service. You can make your own copies or the court can make the copies and charge you $.25 for each copy.
4) Submit the Subpoena(s) to the clerk in Room 160 of the Lindsey-Flanigan Courthouse. The clerk will verify that the information is correct and return the Subpoena(s) to you for personal service on the witness.
5) Prepare a mileage check for each witness. Pursuant to 13-33-103, C.R.S., mileage shall be compensated for each witness. The current in-state rate is $.46 per mile. Pursuant to 16-9-203, C.R.S., the out-of-state rate is $.10 per mile or an alternative, (which must be approved by the Judge), is an airplane ticket for each way of travel from the place of residence to Denver.
6) Complete personal service. Helpful hints to completing personal service:
- Service must be completed no later than 48 hours prior to the appearance date identified on the Subpoena;
- Take both copies to the Sheriff, a private process server, or anyone 18 years or older and not a party to the action;
- Attach the mileage check to the copy of the Subpoena to be served on the witness;
- The process server must follow the Service of Process requirements stated in Rule 304.
- Be sure to direct the Sheriff, private process server, or person serving the Subpoena to return the completed copy of the Subpoena/Return of Service to you as soon as possible after service has been completed. Bring the completed Subpoena when you come to the hearing or trial.