Section 13: Subpoena

Definitions

A subpoena is a writ commanding a person to appear at a specified time and place (hearing, deposition, etc.) to give testimony about the particulars of a matter.

A subpoena duces tecum (Latin for “bring with thee”) is a subpoena with an additional command to the witness to produce and bring with them papers, records or other documentary material sought in a matter. 

Power

A subpoena can be issued by an attorney (i.e. Commissioners of the Superior Court), a clerk of the court, and a wide range of administrative boards and adjudicatory bodies.

In general a subpoena can be served by an individual (indifferent person, which can include a state marshal) anywhere in the state, by a constable in his or her town, and by a state marshal in his or her county. Doing the work as a marshal, when possible, may be preferable, since marshals have liability insurance to cover their work.

Manner 

The state marshal should receive a signed subpoena and a copy from the client.  He or she should endorse the copy on the signature page with a notation of “A True and Attested Copy” and the marshal’s title of “State Marshal.”  Note that, if a state marshal is serving a subpoena as an indifferent person, he or she should not state on the signature page that he or she is a state marshal and should instead state the words “Indifferent person.”  He or she should serve the copy and send the original back to the issuer with his or her signed return attached and an invoice.  The state marshal may wish to supply a file copy for the client.  If serving a subpoena for the State or a state agency, the state marshal should use the CO-17 Invoice Form.  If serving a subpoena for the Judicial Branch, the state marshal should use the State Marshal Services Invoice Form.  Other state agencies may require a specific form.  Note that, each subpoena served represents a separate service and requires a separate return.

The Office of the Attorney General does not accept service of subpoenas for state employees, unless the employee actually works for the Office of the Attorney General.

The return must reflect the State of Connecticut and the town and county where the subpoena was served.  The marshal should include the notation “ss” (which stands for signed and sealed) followed by the town name and the date of service.  The marshal must also include a statement describing how service was made (i.e. reading the same in the presence and hearing of, leaving a true and attested copy thereof in the hand of, or leaving a true and attested copy thereof at the usual place of abode or with a particular agent).  The statutes and your client will determine the specific service needed.  In-hand service is the preferred form of service for subpoenas, as the court will not issue a capias warrant to enforce the subpoena and arrest a non-appearing witness unless the court is satisfied about actual notice.

As in civil service of process, the state marshal should list as part of his or her return the standard fees for service, travel, endorsements, and copies.  Note that witness fees are no longer tendered by the marshal.  They are paid by the party on the day of the hearing or appearance for which the witness was summoned.  If the subpoena was issued by the Judicial Branch, witness fees will be paid by the clerk of the court. 

Major Statutes     

There are many statutes that touch on the service of subpoenas, especially in the area of civil litigation and administrative agencies.  The state marshal should always check with his or her client, attorney (if applicable), and the statutes if he or she has any questions about a particular service.

These statutes are available in the Statutes section of the Connecticut General Assembly website. 

The following reference list is not exhaustive and sets forth only the most important and commonly used statutes covering service of subpoenas:

52-143             Witnesses (covers witnesses in general, service must be not less than 18 hours prior to                           the appearance date of the person summoned. Note specific rules for police, state                                     witnesses, doctors and others).

 52-260             Witness fees (state marshals no longer tender these fees; they are paid directly to the                                witness by the party on the day of the appearance).

52-57               Manner of service of process (lists specific categories).

52-261             State marshal fees for serving process.

52-144             Statutory form of subpoena.

52-400b           Discovery orders.

4-104              Hospital records (requires service 24 hours before appearance date, with an exception if                          written notice is given by the party of an intent to serve)

36a-43            Bank records (requires service 10 days before appearance date and service on the                                      customer of the account; allows regular service or certified mail service on the customer).

4-151              Subpoenas issued by Claims Commissioner; capias power.

52-397             Judgment debtors.

Depositions:  See General Statutes §§ 52-148a - 52-148e for the subpoena process used for depositions. A deposition is a type of discovery where a party obtains the oral testimony of another party or a witness outside of court.  A deposition notice will state the time and place of the deposition. Subpoenas and subpoenas duces tecum are commonly used for depositions to summon the party to be questioned.

Capias:  A capias or capias mittimus is a court order to take an individual into custody for failure of that person to appear in court.  The court will not issue a capias warrant to arrest an individual for the failure to appear unless that individual was first served in-hand with a valid subpoena ordering the appearance.  See General Statutes §§ 1-3b, 52-143, 52-400b and the Capias Warrants section of this manual.

Forms

The following is a list of the common forms utilized for subpoenas.  Note that these forms are updated frequently by the Judicial Branch.  Accordingly, it is important to verify that the most current form has been utilized.  These forms are available at the Forms section of the Judicial Branch website located at: http://www.jud.ct.gov/webforms Opens in a new window Opens in a new window

JD-CL-043 Subpoena - Civil/Housing/Small Claims/Family/Family Support Magistrate/Criminal/Motor Vehicle 

JD-CL-136 (Formerly JD-CV-062) Application for Issuance of Subpoena 

JD-CL-137 Request for Hearing, Denied Application for Issuance of Subpoena 

JD-JM-150 Application For Issuance of Subpoena, Juvenile Matters