SUBPOENAS

CRIMINAL SUBPOENAS

The purpose of a subpoena is to require a person's attendance in court to give testimony on a pending case. Criminal subpoenas are issued in connection with a pending criminal case. They are served at no cost to the litigants.

Subpoenas are generally served by personal service only. However, Penal Code Section 1328(d) allows for the service of criminal subpoenas by mail or personal service. Service is achieved when the witness acknowledges receipt of the subpoena by telephone, mail or in person and identifies himself or herself by reference to his or her date of birth and driver's license number. In an effort to serve criminal subpoenas in the most cost-efficient manner, the Sheriffs Court Services Division has adopted subpoena service by mail and personal service.

CIVIL SUBPOENAS

Civil subpoenas are issued in connection with a pending civil case and there is a service fee for each civil subpoena. Fees for service of subpoenas must be paid in advance. Make checks payable to the "San Diego County Sheriff." If you have an order for waiver of service fees issued by the court, enclose it with your subpoena.

A proof of service will be mailed to you after your process has been served or a certificate of non-service will be mailed to you if our office has been unsuccessful in serving your subpoena.

If a witness willfully disobeys a subpoena, a bench warrant may be issued by the court for the witness' arrest.