How to Subpoena a Witness in Nevada Small Claims Court

Your key witness says they will come to the hearing, but "will come" is not the same as "must come." If a witness's testimony is essential to your case and you cannot guarantee they will show up voluntarily, you need a subpoena — a court order that legally compels their attendance.

When You Need a Subpoena

Most small claims hearings rely on documents and the parties' own testimony. A subpoena becomes necessary when a third-party witness saw the incident and their testimony supports your version of events, a business or bank holds records you need (repair shop records, transaction logs, surveillance footage), or a witness is willing to testify but needs proof from the court to get time off work.

A subpoena can compel a person to appear at the hearing (subpoena ad testificandum) or to bring specific documents and records (subpoena duces tecum).

How to Get a Subpoena Issued

Request the subpoena from the clerk of the Justice Court where your case is filed. In most Nevada courts, this means filling out a subpoena form that identifies the witness by name and address, states the date, time, and location of the hearing, and describes any documents or records the witness must bring.

The clerk issues the subpoena signed but otherwise blank for you to complete before service. In Las Vegas, eFileNV adds a $2.50 vendor surcharge per document submitted; ask the clerk whether a separate subpoena fee applies. You can submit the request through eFileNV along with your other case documents.

Serving the Subpoena

A subpoena must be served personally — you cannot mail it. The same service rules apply as for any court document: the Township Constable, a licensed private process server, or any disinterested adult over 18 can deliver it. You, as a party to the case, cannot serve it yourself.

Serve the subpoena with enough time for compliance; under JCRCP Rule 45, the court may quash or modify a subpoena that does not allow reasonable time. If it requires documents before trial, give every other party notice and a copy of the subpoena at least 7 days before serving the records custodian. When the subpoena requires the witness to attend, tender one day's $25 witness fee and the applicable mileage at service.

What Happens If the Witness Ignores It

A properly served subpoena is a court order. A witness who fails to appear without valid cause can be held in contempt of court. In practice, judges in small claims rarely pursue contempt proceedings — but the subpoena gives you grounds to request a continuance so the court can reissue and re-serve it.

If a business refuses to produce subpoenaed records, let the judge know and ask how to proceed. A person who disobeys a subpoena without adequate excuse may be held in contempt of court.

Tips for Using Subpoenas Effectively

Only subpoena witnesses whose testimony you actually need and cannot get any other way. A written repair estimate or a bank statement may be just as persuasive as live testimony and avoids the logistics of getting someone to court. If a witness is cooperative, a voluntary appearance is simpler for everyone — save the subpoena for situations where attendance is genuinely uncertain.

Prepare your witness. Let them know what questions you will ask and what documents they should bring. A confused witness who rambles hurts your case more than no witness at all.

The Nevada small claims filing guide covers hearing preparation in detail, including how to organize evidence and what to expect when you present your case.

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