Subpoenas play a crucial role in the legal process, compelling witnesses to provide testimony or produce documents relevant to a case. If you're involved in a legal matter in Wisconsin and need to issue a subpoena, it's essential to understand the proper procedure. This blog post provides a step-by-step guide on how to issue a subpoena in Wisconsin if you do not have a lawyer.
Step 1: Understand the Types of Subpoenas: Wisconsin recognizes different types of subpoenas, including subpoenas for attendance at a deposition, subpoenas for production of documents, and subpoenas for both testimony and document production. Determine the specific type of subpoena you need based on the nature of the evidence or testimony you require.
Step 2: Draft the Subpoena: Create a subpoena document that includes the necessary information. This typically includes the name of the court, the case caption, the name of the issuing party, the recipient's name and address, a description of the desired testimony or documents, and the date, time, and location for compliance. Ensure that the language used complies with the Wisconsin statutes and court rules.
Step 3: File the Subpoena: To issue a subpoena in Wisconsin, you must file the subpoena with the court clerk in the county where the case is pending. The filing typically requires submitting the original subpoena along with any required copies, as well as paying the required filing/service fees. Check the specific requirements of the court where your case is being heard.
Step 4: Serve the Subpoena: After filing the subpoena, you need to serve it on the individual or entity named in the document. Proper service ensures that the recipient is legally obligated to comply with the subpoena. Wisconsin allows for various methods of service. Familiarize yourself with the Wisconsin statutes and court rules regarding service of subpoenas to ensure compliance.
Step 5: Provide Witness and Mileage Fees: In Wisconsin, witnesses who comply with a subpoena are entitled to receive fees for their attendance and mileage expenses. As the issuing party, it is your responsibility to provide the appropriate fees to the witnesses in a timely manner. Refer to Wisconsin statutes to determine the current fee amounts and any additional requirements for payment.
Step 6: Follow Up and Enforcement: After serving the subpoena, maintain communication with the recipient to confirm their compliance and address any questions or concerns they may have. If the recipient fails to comply with the subpoena, consult with an attorney to explore available options for enforcing the subpoena, such as filing a motion to compel compliance or seeking court intervention.
Conclusion: Issuing a subpoena in Wisconsin requires careful attention to detail and adherence to the applicable statutes and court rules. By following this step-by-step guide, you can navigate the process of issuing a subpoena effectively. It's important to consult with an attorney for specific legal advice tailored to your case and to ensure compliance with Wisconsin law.