Expert Advice When You Need It Most

What is the process of serving a witness subpoena for a criminal appeal case

our son is currently incarserated and has a criminal appeal case in-process. since he is prose, we need to know how to serve the witness subpenias on his hehalf. we are located in Wisconsin.

Save

Attorney answers (3)

Reputation Level 11
Subpoenas must be issued and served in accordance with Chapter 885 of the Wisconsin Statutes. A subpoena may be issued by any attorney of record in a case or, since your son is pro se, by any judge, clerk of court or court commissioner for the county where the case is pending. The subpoena must comply with the format set forth in Sec. 885.07, Stats. Once the subpoena is signed by the judicial magistrate or clerk of courts, it should be taken to the local sheriff for the county in which the post-conviction motion has been filed and served. Your other alternative is to have a private process server serve the paperwork upon the witness that is being summoned.
1 person marked this answer as good

Reputation Level 11
Jean is right on the money with her response. Process servers cost money, but in many ways save a lot of hassle.

Reputation Level 6
You can find form GF 126 - Subpoena and Certificate of Service at www.wicourts.gov.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now