Denver County Court

Subpoenas for Traffic Offenses

GENERAL INFORMATION

Individuals involved in County Court cases have the right to compel the attendance of witnesses by serving them a Subpoena to appear or bring certain documents or evidence in their possession to a hearing or trial. A Subpoena is an official order to someone to appear in court at a stated date and time. General information you should know:

  • A Subpoena must be served no later than 48 hours prior to the appearance date.
  • A Subpoena to Appear is a document issued by the clerk at the request of one of the parties to require the appearance of a witness at a hearing or trial.
  • A Subpoena to Produce (Subpoena Duces Tecum) is a document issued by the clerk at the request of one the parties to require the witness to bring certain documents or evidence in their possession with them to a hearing or trial.
  • A court hearing or trial must be set prior to issuing a Subpoena.
  • Failure to appear in court by a witness in response to a Subpoena is a violation of a court order and the Court may find the individual in contempt and issue a warrant for their arrest.
  • If your case is scheduled in the Lindsey-Flanigan Courthouse, please call (720) 337-0410, if you have questions related to Subpoenas. If your case is scheduled in the courthouse located at 1437 Bannock Street, please call (720) 865-7840, if you have questions related to Subpoenas.

STEPS TO ISSUING A SUBPOENA IN A STATE STATUTE CASE

If you are charged with violating a 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.

2) Each witness must be served a Subpoena   , so prepare as many as necessary. When requesting a witness to bring certain items of evidence, be specific and clear when identifying the items.

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:

  1. Service must be completed no later than 48 hours prior to the appearance date identified on the Subpoena;
  2. Take both copies to the Sheriff, a private process server, or anyone 18 years or older and not a party to the action;
  3. Attach the mileage check to the copy of the Subpoena to be served on the witness;
  4. The process server must follow the Service of Process requirements stated in Rule 304.
  5. 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.

STEPS TO ISSUING A SUBPOENA IN A MUNICIPAL CODE CASE

If you are charged with violating an ordinance of the Denver Revised Municipal Code (D.R.M.C.) you have two options for issuing and serving a Subpoena:

Service by Mail:

  1. Complete a Subpoena   , for each witness. When requesting a witness to bring certain items of evidence, be specific and clear when identifying the items.
  2. The service of a Subpoena can be done by first class mail, if the witness waives personal service. Enclose a self-addressed stamped envelope. Service is not complete until you have received the waiver portion of the Subpoena back from the witness which states they accept service by mail. Bring the signed waiver to the hearing or trial.

If you do not receive the waiver from the witness, you must take the steps necessary to personally serve the Subpoena.

Personal Service: Complete a Subpoena    for each witness. Helpful hints to completing personal service:

  1. Service must be completed no later than 48 hours prior to the appearance date identified on the Subpoena;
  2. Take two copies of the Subpoena to the Sheriff, a private process server, or anyone 18 years or older and not a party to the action;
  3. Attach a witness fee check for $5.00 to the copy of the Subpoena to be served on the witness;
  4. The process server must follow the Service of Process requirements stated in Rule 304.
  5. 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.