Connecticut Small Claims Subpoena, Witnesses, and Continuances Explained

Yes, You Can Subpoena Witnesses in Connecticut Small Claims

Small claims hearings in Connecticut are informal — the strict Rules of Evidence do not apply under CGS § 51-15(d) — but you still have the right to bring witnesses. If a witness with firsthand knowledge of the facts will not come voluntarily, you can compel their attendance with a formal subpoena under Practice Book § 24-22.

This applies equally to plaintiffs and defendants. A contractor's former employee who saw the work, a neighbor who witnessed the property damage, a mechanic who inspected the vehicle — anyone with direct personal knowledge of the dispute can be subpoenaed.

How to Issue a Subpoena

The process works like this:

1. Complete Form JD-CL-43 and ask the clerk to issue the subpoena. Under Practice Book § 24-22, no separate application for issuance is required, and the clerk issues it without a fee.
2. Fill in the witness's name and address, the case docket number, and the hearing date and time.
3. Have the subpoena served on the witness by an officer or indifferent person. It must be served at least 18 hours before the appearance time unless the court orders otherwise.
4. Pay service and witness fees. The party requesting the subpoena is responsible for these fees.

The subpoena must be served at least 18 hours before the appearance time unless the court orders otherwise.

Written Statements vs. Live Testimony

You might wonder whether you can skip the subpoena and just submit a written statement from the witness instead. Technically, you can present a signed affidavit or written statement. But the magistrate will give it far less weight than live testimony.

The reason is straightforward: a written statement cannot be cross-examined. The plaintiff (or defendant, depending on which side you are on) has no opportunity to challenge the witness's account. Magistrates know this, and they treat written statements accordingly — helpful as background, but not decisive on contested facts.

If a witness's testimony matters to your case, get them in the room (or on the Microsoft Teams call, since most Connecticut small claims hearings now run virtually).

How Virtual Hearings Change Witness Logistics

If your Connecticut small claims hearing is scheduled remotely via Microsoft Teams, your witness does not need to travel to the courthouse. They join from their own device. This makes witness participation significantly easier — no time off work, no parking, no waiting in a courthouse hallway.

Coordinate with your witness beforehand:

• Share the Teams meeting link from the court notice
• Test their audio and video setup
• Walk through what questions you will ask and what documents they should have on screen

The magistrate will swear the witness in remotely and allow cross-examination just as they would in person.

Requesting a Continuance

Sometimes you need more time — a key witness is unavailable on the hearing date, or you just found important evidence that needs organizing. Connecticut allows you to request a continuance using Form JD-CV-21 (Motion for Continuance).

The request must follow Practice Book § 24-15:

• Send a written request to the clerk stating your reasons. The rule sets no three-business-day filing deadline.
• First try to notify the other party and include when you gave notice and whether the other party agreed.
• Filing the request does not grant it. The clerk decides requests submitted before the hearing date; the judicial authority decides a request made on the hearing date. The existing hearing date stands unless the request is granted. If you assume it is granted and skip the hearing, you risk a default judgment.

The clerk or judicial authority may grant a continuance for good cause — for example, a medical emergency, an essential witness's scheduling conflict, or newly discovered evidence that requires time to gather. Vague requests for "more time to prepare" are less persuasive when the hearing was scheduled months in advance.

When to Use Each Tool

Putting Your Case Together

Witnesses and continuances are just two pieces of hearing preparation. Our Connecticut Small Claims Response Guide covers the full sequence — from reading the served papers through filing your answer, organizing evidence, preparing for the virtual hearing, and understanding your options after the decision.

See more Connecticut guides →