How to Subpoena a Witness in Iowa Small Claims Court

When You Need a Reluctant Witness

Your neighbor saw the contractor walk off the job. Your coworker heard the phone call where the plaintiff admitted the car had problems. A bank employee can confirm the payment cleared. These people can support your defense — but they do not want to spend a morning in court.

Iowa law lets you compel non-party witnesses to appear and testify at your small claims hearing through a subpoena. Here is how the process works.

The Subpoena Forms

Witness subpoenas in Iowa small claims court use the official forms under Iowa Rule of Civil Procedure 1.1701:

• Form 14 — Subpoena for hearing or trial testimony. This compels a person to show up and testify.
• Form 13 — Subpoena for deposition testimony, with documents if needed.
• Form 15 — Subpoena for document production only. Use this when you need documents but not the person's testimony.

The Clerk of the District Court can issue a subpoena, or a licensed Iowa attorney can sign one directly. If you are self-represented, ask the clerk's office in your county for the subpoena form and instructions for issuance.

How to Serve the Subpoena

A subpoena must be personally served on the witness — you cannot mail it or email it. The person serving the subpoena must be at least 18 years old and not a party to the case. A county sheriff, a licensed private process server, or any adult friend or family member who is not involved in the dispute can serve it.

Serve the subpoena well before the hearing date. While there is no statutory minimum number of days in advance, serving at least 5 to 7 days before the hearing gives the witness reasonable notice and reduces the chance the magistrate will find the subpoena oppressive.

Witness Fees

Under Iowa Code § 622.69, witnesses are entitled to statutory compensation when they request it at the time of service:

• $10.00 for attendance exceeding a half day
• $5.00 for attendance of a half day or less
• $0.50 per mile actually traveled to and from the courthouse

These fees must be tendered (offered) at the time the subpoena is served if the witness demands them. Bring a check or cash to the service. If the witness does not demand payment, you are not required to offer — but having the amount ready prevents a valid objection.

The 50-Mile Limit

Under Rule 1.1701(4)(d)(1), on a timely motion the court must quash or modify a subpoena that requires a non-party to travel more than 50 miles from where the person resides, is employed, or regularly transacts business in person. A person may be ordered to attend trial anywhere in the state where the subpoena is served. The rule does not measure distance from the courthouse.

For travel beyond those limits, the court may set conditions if the required showing is made and the witness's substantial travel expenses are protected.

What Happens If the Witness Ignores the Subpoena

A properly served subpoena is a court order. A witness who fails to comply without adequate excuse can be held in contempt of court; the court decides how to address the noncompliance. In practice, most witnesses comply once they receive the subpoena — the formal legal document carries weight that a phone call does not.

If a subpoenaed witness does not appear at the hearing, notify the magistrate immediately. The magistrate may continue the case to a new date to allow service of a second subpoena or enforcement of the first.

Tips for Working With Witnesses

Ask before you subpoena. Many witnesses will voluntarily attend if you explain why their testimony matters and give them advance notice of the hearing date. A subpoena should be the backup when a witness says they cannot or will not come voluntarily.

Prepare the witness. Let them know what questions you plan to ask so they are not caught off guard. You are not coaching their testimony — you are making sure they understand what facts they need to speak to.

Keep it focused. A witness who rambles hurts your case. Identify the specific facts the witness can confirm and limit your questions to those points.

For a complete walkthrough of evidence preparation, hearing protocol, and every step of the Iowa small claims defendant process, the Iowa Small Claims Response Guide covers the full procedure.

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