County Attorney
Home Page

Victim Witness Program

County Attorney Home Page > Victim Witness Program

Subpoenas

As a witness you have a very important job to do.

Your responsibility is to appear in court as directed and state the facts truthfully and accurately as you remember them.  Your role is essential to the American system of justice.

All subpoenaed witnesses have personal information about the crime.  Witnesses often think that what they know about an incident may not be significant.  However, even small pieces of information can be critical in determining what actually happened and ultimately the outcome of the case.

Since most witnesses are unfamiliar with court procedures, they may suffer fear and stress about their role and responsibilities.  The following information may help alleviate some common concerns and misconceptions.

I received a subpoena in the mail and I do not know why.

All subpoenaed witnesses have personal information about a crime which has been committed. You may be testifying to: value of items, lack of permission to enter, or damage to property. You undoubtedly talked (in person or on the telephone) with a police officer/investigator. Witnesses often think that what they know about about an incident may not be significant, however even small pieces of information can be critical in determining what actually happened and the outcome of a case. Without citizen cooperation, it is impossible to hold criminals accountable.

I am unable to appear for my subpoena because of vacation, doctor apt., etc.

If you are unable to appear for a subpoena, you must contact Victim Witness Program immediately. Victim Witness Program staff do not have the authority to release a person from a court ordered subpoena, however they can relay the information to the prosecuting attorney. 

My employer/school will not give me permission to go to court.

By law, a person cannot be penalized for responding to a subpoena.  The subpoena is a court order.  Show the actual subpoena to your employer/school.  If appearing remains an issue, have the employer/administrator call our office to discuss the matter.  Many cases are resolved prior to actually going to trial and may be called off.  Subpoenaed witnesses may be placed on call.

My minor son/daughter was subpoenaed.

The law provides for minors to be subpoenaed.  A subpoena must be in the name of the person required to appear, even if the person is a minor.  In the case of witnesses, a police report may not even include a parent’s name.  A parent need not be present when a statement is taken from a witness.  A minor witness can appear for court without a parent.

I am a witness (or parent of a minor witness) and I am concerned about lost wages.

Witnesses will be paid $20 for responding to the subpoena, mileage reimbursement of $0.28 per mile roundtrip and lost wages up to $60 per day (as limited by law). Payment checks are sent within 30 days of the appearance. Paperwork will be completed with Victim Witness Program staff when you attend court for testimony. Witnesses should keep track of their mileage to the courthouse and bring their subpoena with them.

What if I do not respond to a subpoena?

Many cases settle prior to the time of their subpoena. If you have concerns and/or questions regarding court contact the Victim Witness Program. If you are not released by the attorney issuing the subpoena you are required to appear. A subpoena is a court order. The judge has the authority to issue warrants for witnesses found in contempt of court for failing to respond to a court order. Police will go to a school or home to pick up necessary witnesses.

I have been subpoenaed and am worried about seeing the defendant.

Witnesses have the right to separate waiting areas and the Victim Witness Program will make every effort to keep the defendant and victim/witness apart while outside of the courtroom.  The defendant has the right to be present at all court appearances.  You do not need  to look at the defendant except if you are asked to identify the person in court.  There are also deputies on duty in every courtroom to insure a victim or witness’s safety.

I do not have transportation to court.

A subpoena is a court order.  Lack of transportation is not a reason to release you from a subpoena. Contact the Victim Witness Program to discuss possible transportation options. 

I already gave a statement, why do I have to come and testify at a trial? Can I testify by video?

The constitutions of the United States and State of Minnesota guarantee each defendant the right to face their accusers. Your Victim Witness Specialist will do as much as possible to prepare you for your experience on the witness stand.