Wyoming Small Claims Court Witnesses: Subpoenas, Fees, and Testimony Rules

Your neighbor saw the contractor leave your property with the work half-done. Your mechanic inspected the car before you sold it and can confirm it was running fine. A coworker heard the other party admit they owed you money. You need these people to testify at your Wyoming small claims hearing — and at least one of them doesn't want to get involved.

Voluntary Witnesses vs. Subpoenaed Witnesses

If your witness agrees to appear, bring them to the hearing. No paperwork is needed. They show up, the judge calls them, they testify, and they leave. This is the simplest path.

If a witness refuses to appear voluntarily — or if you're not confident they'll actually show up — you can compel their attendance with a subpoena.

How to Get a Subpoena

Request a subpoena through the Circuit Court Clerk's office in the county where your case is pending. The clerk issues the subpoena under the court's authority (W.S. § 1-14-102 and Rule 45 of the Wyoming Rules of Civil Procedure).

The subpoena must be served on the witness before the hearing date, along with the mandatory fee tender (explained below). Service can be completed by:

• The county sheriff or deputy ($50 per subpoena for sheriff service)
• A court-appointed process server

The witness needs enough advance notice to arrange their schedule. Contact the clerk about local service requirements and serve the subpoena as early as possible.

Mandatory Witness Fees

Here's the part most people miss: you must pay the witness fees at the time of service, not after the hearing. Under W.S. § 1-12-105, a subpoenaed witness may demand attendance and mileage fees before being sworn; if they are not paid, the witness cannot be compelled to testify or held in contempt.

The mandatory fees are:

These fees are paid directly to the witness at the time of service — hand them the cash or a check along with the subpoena. If the witness lives in another county, they're also entitled to the statutory per diem allowance for state employees under W.R.C.P. 45(b)(1).

Add it up before you request the subpoena. For a witness 60 miles from the courthouse, mileage is based on the 120-mile round trip and the state rate capped at the current IRS rate. Add the $10 full-day attendance fee and the $50 sheriff service fee, then calculate mileage separately before deciding whether a subpoena is worth the cost.

What Witnesses Can and Can't Do

Witnesses testify about what they personally saw, heard, or did. A neighbor who watched the contractor leave can describe what they observed. A mechanic who inspected the car can testify about its condition at the time of inspection.

Witnesses generally can't offer opinions about the law or the merits of the case. "I think the contractor did a bad job" is less useful than "I observed that the drywall seams were unfinished and the outlet covers were missing on October 3." Specific, factual testimony is what judges rely on.

Expert witnesses are allowed but rare in small claims. A licensed appraiser, mechanic, or contractor can testify about the value of work, the condition of a vehicle, or the cost of repairs. An expert can offer an opinion within their expertise; the judge decides how much weight to give it. Hiring an expert for a small claims case rarely makes financial sense unless the same expert is already part of the dispute.

Preparing Your Witnesses

Before the hearing, talk to your witnesses about:

• What questions you'll ask them. Keep it focused. Three clear questions that establish the key facts are better than twenty that wander.
• What the judge will expect. Speak to the judge, not to the other party. Answer questions directly. Don't argue or editorialize.
• The timeline. Small claims hearings move quickly. Their testimony might take five to ten minutes, but they should plan to be available for the entire hearing slot in case the schedule shifts.
• Documents they should bring. If the witness has relevant records (inspection reports, photos, invoices), bring three copies — for the judge, the opposing party, and the witness's own reference.

When Not to Subpoena

Some witnesses hurt your case more than they help. Before compelling someone to testify, consider:

• Will their testimony actually support your position, or just add a friendly face to the courtroom?
• Is the information they'd provide already covered by your documents?
• Is the witness hostile to your side? A subpoenaed witness who doesn't want to be there might give lukewarm or unfavorable testimony.

If a document can establish the same fact a witness would testify about — a signed receipt, a dated photograph, a text message — the document is often more reliable and less expensive than a subpoena.

Our Wyoming small claims response guide includes a hearing day checklist that covers witness preparation, subpoena timing, and the evidence organization system (three-copy rule) that keeps your presentation sharp.

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