West Virginia Small Claims Subpoena — How to Compel Witnesses and Documents

When Your Key Witness Won't Show Up Voluntarily

Your neighbor saw the contractor dump your building materials in a ditch and drive off. Your mechanic can testify that the "rebuilt" engine the seller promised was actually bone stock. A bank manager can produce records proving the check was cashed. These witnesses and documents could make your case — but none of them are parties to the lawsuit, and none of them owe you a trip to the courthouse.

That's what a subpoena is for. Under Magistrate Civil Rule 14, either party in a West Virginia Magistrate Court case can compel a non-party witness to appear at the hearing or produce specific documents.

How to Get a Subpoena in Magistrate Court

Step 1: Request the subpoena from the Magistrate Clerk. Ask the clerk's office to issue a subpoena for your case. Under Magistrate Civil Rule 14, the clerk can issue the subpoena signed but in blank — meaning you fill in the witness's name, the date and time of the hearing, and what you're asking them to bring.

Step 2: Fill in the details. Specify:

• The witness's full legal name
• The date, time, and location of the hearing
• If you need documents, describe them with enough specificity that the witness knows exactly what to gather (e.g., "all repair invoices for vehicle VIN #12345 between January and March 2026" rather than "all records")

Step 3: Serve the subpoena. A subpoena must be personally served — you cannot use certified mail. Service can be completed by:

• The county Sheriff ($25–$30 fee)
• A private process server (any non-party resident age 18 or older)

You must also tender the statutory witness attendance fee at the time of service. Under West Virginia law, this is $0.50–$1.00 per witness, plus mileage allowances for travel to the courthouse. Confirm the applicable amount and mileage with the clerk before service.

Step 4: File proof of service. After the subpoena is served, the Sheriff or process server files a return of service with the Magistrate Clerk confirming when and how the witness was served.

Subpoena for Documents vs. Subpoena for Testimony

A standard subpoena compels the witness to appear and testify. A subpoena duces tecum compels the witness to appear and bring specific documents or records. You can combine both — the witness appears, produces the documents, and testifies about them.

Common documents to subpoena in small claims cases:

• Bank records showing payment or non-payment
• Repair shop records documenting the condition of damaged property or a vehicle
• Business records showing a contract, invoice, or payment history
• Phone or email records from a third-party service provider (these often require additional legal steps and may be impractical for small claims amounts)

What If the Witness Ignores the Subpoena?

A properly served subpoena compels the witness to appear or produce the requested documents. If the witness does not comply, contact the Magistrate Clerk promptly about the next procedural step.

If a witness tells you they can't attend on the scheduled date, you may need to request a continuance to accommodate their availability — especially if their testimony is essential to your case.

Strategic Considerations

Not every case needs a subpoena. If your evidence is primarily documentary — contracts, invoices, photos, text messages — and you have those documents yourself, you may not need any third-party witnesses. Subpoenas add cost (service fees), time (you need to arrange service well before the hearing), and unpredictability (a hostile witness may not say what you expect).

Use subpoenas when:

• A witness saw something happen that you can't prove through documents alone
• Critical records are held by a third party who won't give you copies voluntarily
• An expert (a mechanic, an appraiser, a contractor) inspected the damage and their live testimony carries more weight than a written estimate

Written repair estimates and notarized statements can be submitted as evidence, but they can't be cross-examined. A live witness who explains their findings directly to the magistrate is more persuasive.

Our West Virginia Small Claims Filing Guide covers hearing preparation in detail, including when subpoenas are worth the effort and how to organize your evidence folder for maximum impact.

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