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Can I have witnesses in court?

You may have witnesses in your court trial if they can support your defense. You can have a subpoena issued to order your witness to appear in court. You will get the subpoena at the courthouse where your case is assigned. A subpoena can be used to provide proof that a person is needed to testify and help them get permission to be absent from work.You must follow these rules when serving a witness subpoena:

  • You cannot serve the subpoena yourself.
  • You must arrange for the subpoena to be served by a person over 18 years old.
  • You must allow enough time for the subpoena to be served before your court date.

If you have witnesses who are unable to appear you can have them write and sign a statement or declaration. The statement should include the following items in order:

  1. The witness’ statement of the facts
  2. The statement should end with "I declare under penalty of perjury under the laws of the state of California that the above is true and correct."
  3. The witness’ signature
  4. The date the statement was written
  5. The witness’ address and phone number
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