How to Subpoena Witnesses in Pennsylvania Small Claims Court

When You Need a Subpoena

If a witness with important information about your case won't come to the hearing voluntarily, a subpoena compels them to appear. In Pennsylvania Magisterial District Courts, this is governed by Pa.R.C.P.M.D.J. 214.

Common scenarios where defendants subpoena witnesses:

• A neighbor who saw the incident the plaintiff is suing over
• A mechanic or contractor who inspected the work at issue
• A former coworker who was present during a transaction
• Someone who holds records relevant to your defense

You don't need a subpoena for witnesses who agree to come. But verbal promises to show up carry zero legal weight — if your key witness doesn't appear, the judge won't delay the hearing because someone said they'd be there.

How to Get a Subpoena Issued

Request the subpoena from the Magisterial District Court handling your case. Here's the process:

1. Contact the court clerk and ask for a subpoena form (or a blank subpoena to complete)
2. Fill in the witness's full legal name and address — the court can't serve someone it can't identify
3. Specify the hearing date and time from your complaint or scheduling notice
4. Ask the clerk about any issuance fee
5. Arrange service — a competent adult may serve the subpoena by one of the methods in Rule 214(C); service is not limited to a sheriff or constable

The person who serves the subpoena must file a return of service with the MDJ within 48 hours, and no later than the start of the hearing (Rule 214(D)). Request the subpoena early enough for service and the return to be completed.

Subpoena Service Costs

Rule 214 does not prescribe an attendance fee for an MDJ subpoena. If a constable serves it, state law sets the service fees at $13 for the first witness, $5 for each additional witness at the same address, $2.50 for each return of service, plus mileage (44 Pa.C.S. § 7161(h)).

Subpoena Duces Tecum — Compelling Documents

If you need a witness to bring specific documents — bank records, repair invoices, contracts, photographs — you request a subpoena duces tecum. This is the same process as a regular subpoena, but the form specifies exactly which documents the witness must produce.

Be precise about what you're requesting. "All documents related to the transaction" is too vague and may be challenged. "The signed contract dated March 15, 2026, and all invoices issued under that contract" gives the witness and the court a clear standard.

What Happens If a Witness Ignores the Subpoena

A properly served subpoena is a court order. A witness who fails to appear may be subject to contempt proceedings. Do not assume the hearing will be postponed if a witness fails to appear.

If your witness doesn't show and the judge proceeds anyway, the absence of that testimony may weaken your defense. This is why confirming service well before the hearing date is critical.

Written Statements Are Not a Substitute

Under Pa.R.C.P.M.D.J. 321, written witness affidavits are generally inadmissible if the other side objects. The hearsay exceptions in minor court cover business records like receipts and repair estimates — not someone's written version of what they saw. If a witness's testimony matters to your case, they need to be in the room.

Organize Your Witness Strategy

Deciding which witnesses you actually need, what each one will testify about, and whether a subpoena is necessary takes planning. The Pennsylvania Small Claims Response Guide includes a hearing preparation checklist that walks through witness identification, document organization under Rule 321, and subpoena timing.

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