Colorado Small Claims Court Subpoena: How to Compel a Witness

Your mechanic saw the damage before the repair shop made it worse. Your neighbour watched the tree fall onto your fence. The bank teller processed the disputed transaction. These witnesses can make or break a small claims case — but some won't show up voluntarily.

Colorado lets you compel a witness to appear at your small claims hearing through a subpoena, and the process is simpler than most people expect. Here's exactly how it works.

What a Small Claims Subpoena Does

A subpoena is a court order that requires a person to appear at your hearing, produce specific documents, or both. In Colorado small claims court, subpoenas are governed by C.R.C.P. Rules 345 and 510.

There are two types:

• Subpoena to testify — compels a witness to appear in person and give testimony at your hearing
• Subpoena duces tecum — compels a person or organisation to bring specific documents (bank records, repair invoices, contracts, photos)

Both use the same form in small claims court: JDF 254 (Small Claims Subpoena).

You cannot substitute a written witness statement for live testimony if the other side objects. If the witness matters, subpoena them.

How to Get a Subpoena Issued

1. Download Form JDF 254 from the Colorado Judicial Branch website or pick one up at your county courthouse clerk's office.
2. Fill in the witness details — full name, the hearing date and time, the courtroom, and what you need them to bring (if anything).
3. File the form with the clerk of the court where your case is pending.
4. Pay the subpoena fee — $8.00 per subpoena, set by C.R.S. § 13-32-102.

The clerk issues the subpoena once the fee is paid. You'll get the signed subpoena back to arrange service.

Serving the Subpoena

Colorado requires personal service for small claims subpoenas. That means someone physically hands the subpoena to the witness. The person serving it must be:

• At least 18 years old
• Not a party to the case (not you, not the defendant)

Along with the subpoena itself, you must include:

• Witness fee — $20.00 per day, required under C.R.S. § 13-33-102
• Mileage reimbursement — $0.58 per mile the witness must travel to reach the courthouse

Hand the witness a cheque covering both amounts at the time of service. Without the fee and mileage, the subpoena may not be enforceable.

Timing matters. Serve the subpoena at least seven days before the hearing. Cutting it closer risks the witness successfully challenging the subpoena or the court finding the notice period insufficient.

What It Costs

You can have a friend or colleague serve the subpoena for free, as long as they meet the age and non-party requirements. A professional process server is faster and provides a ready-made proof of service affidavit.

If your household income is at or below 125% of the Federal Poverty Level, you may qualify for a fee waiver by filing Form JDF 205 (Motion to Waive Fees) with Form JDF 206.

What Happens if the Witness Ignores It

A subpoena is a court order. A witness who fails to appear after proper service can be held in contempt of court. In practice, the magistrate is more likely to continue (reschedule) the hearing and direct you to re-serve the witness. Either way, ignoring a subpoena has consequences — which is exactly what makes it effective.

If the witness appears but refuses to answer questions, the magistrate can compel answers on the record.

Tips for Using Subpoenas Effectively

• Only subpoena witnesses who add something your documents can't prove. A bank statement proves the payment; you don't need the teller unless the other side disputes it.
• Tell the witness beforehand. A courtesy call explaining the subpoena is coming reduces hostility and increases cooperation.
• Prepare specific questions. The magistrate won't let you fish. Know exactly what you need each witness to say.
• Bring your proof of service to the hearing in case the witness claims they were never served.

Putting It All Together

The subpoena process is one piece of preparing a Colorado small claims case. Our Filing a Small Claims Case in Colorado guide walks through every step from the demand letter through collecting your judgment — including a deadline calendar that tracks your subpoena service window alongside filing and hearing dates.

See more Colorado guides →