STEPS TO ISSUING A SUBPOENA IN A TRAFFIC INFRACTION CASE
If you are charged with violating a traffic infraction and your hearing is scheduled in a courtroom at 1437 Bannock Street, you have two options for issuing and serving a Subpoena:
Service by Mail:
- Complete a Subpoena, for each witness. When requesting a witness to bring certain items of evidence, be specific and clear when identifying the items.
- Complete service. The service of a Subpoena can be done by first class mail, if the witness waives personal service. Mail a Subpoena to each witness. 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:
- Service must be completed no later than 48 hours prior to the appearance date identified on the Subpoena;
- 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;
- Attach a witness fee check for $5.00 to the copy of the Subpoena to be served on the witness. Note: If your case is for failure to have valid transit pass or pay an RTD fare, you will need to include a check for mileage at $.46 per mile;
- The process server must follow the Service of Process requirements stated in Rule 345.
- 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.