How to Subpoena a Witness in Small Claims Court New York

When You Need a Subpoena

Most small claims cases don't require subpoenas. You present your own evidence — contracts, receipts, photos, repair estimates — and tell your side directly to the judge or arbitrator. A subpoena becomes necessary when someone who has relevant information refuses to show up voluntarily, or when you need records from a company or organization that won't hand them over without a court order.

Common situations where a subpoena helps: a mechanic who inspected the damage won't come testify, a bank holds transaction records that prove payment, or a witness who saw the incident is unwilling to take time off work. If your witness is cooperative and plans to attend, you don't need a subpoena — they can simply show up.

Types of Subpoenas in Small Claims

New York law provides two types relevant to small claims:

Subpoena ad testificandum — compels a person to appear at your hearing and testify. Use this when you need someone to describe what they saw, heard, or did.

Subpoena duces tecum — compels a person or organization to produce specific documents or records. Use this when you need bank statements, repair logs, building inspection records, or other paperwork that a third party controls.

You can combine both: one subpoena can require a witness to appear and bring documents at the same time.

How to Issue and Serve a Subpoena

In small claims court, the process is straightforward compared to regular civil court. Here's what to do:

1. Ask the clerk how to submit a proposed subpoena for the judge's approval. As a self-represented claimant, you cannot issue the subpoena yourself. Submit the proposed subpoena through the Small Claims Court Clerk and ask the judge to "So Order" it under CPLR 2302(b).

2. Serve the subpoena properly. A subpoena must be personally delivered to the witness — it cannot be served by mail in most circumstances. You cannot serve it yourself. Have any person who is 18 or older and not a party to the case deliver it. Professional process servers charge roughly $50 to $100 per service.

3. Pay witness fees. Under CPLR 8001, you owe the witness a $15 attendance fee plus mileage (currently 23 cents per mile each way). These fees must be tendered along with the subpoena at the time of service. If you don't pay the witness fees, the subpoena may not be enforceable.

4. Serve with enough lead time. Deliver the subpoena far enough in advance that the witness can reasonably arrange to attend. Check with the court clerk about any local timing requirements and serve as early as you can.

What Happens If a Witness Ignores the Subpoena

A properly served subpoena is a court order. A witness who ignores it can be held in contempt of court, which can result in fines or even arrest. In practice, contempt proceedings in small claims court are rare — but the threat of contempt is usually enough to ensure attendance.

If your witness fails to appear and their testimony is critical, you can ask the judge for an adjournment to reschedule the hearing and re-serve the subpoena. The judge has discretion to grant or deny the request depending on whether the subpoena was properly served and how important the testimony is to your case.

Subpoenas for Post-Judgment Collection

After you win a judgment, you may need information about the defendant's assets to enforce it. Form CIV-SC-63 (Information Subpoena and Affidavit of Service) is specifically designed for this purpose. It's a written questionnaire served on the judgment debtor requiring them to disclose bank accounts, employment, real property, and other assets. This is different from a hearing subpoena — it's a collection tool used after the case is decided.

If you need to gather evidence, organize your exhibits, and prepare for your hearing from start to finish, the New York Small Claims Filing Guide lays out everything in order — including when a subpoena makes strategic sense and when your own documents are enough.

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