Issuing a Subpoena (Out of State)

Before You Start:

• This process is required for everyone (including attorneys) to issue subpoenas from outside of Colorado

• You will need separate forms, start an individual case, and pay the filing fee for each subpoena you must issue.

Forms

• JDF 80 (PDF) - District Court Subpoena

• JDF 80.3 (PDF) - Subpoena Affidavit

• JDF 87 (PDF) - Request to Issue Subpoena (Case outside Colorado)

• JDF 98 (PDF) - Affidavit of Service

Step-by-Step

Step 1 - Complete Forms

• Complete JDFs 80, 80.3, and 87.
• Attach the original order/judgment and original subpoena to JDF 87.

Step 2 - Start a District Court Case

• Start a new case in the District Court in the county where the witness lives or works.
• Some courts may require a self-addressed stamped envelope for you to receive the signed Colorado Subpoena (JDF 80).

Step 3 - Compensate Each Witness

• Write a check to each witness to compensate them for mileage.  C.R.S. § 13-33-103

Step 4 - Service

• Submit to a private process server or the local Sheriff's Office:
  • Copy of completed forms: JDF 80 (signed by the Court), 80.3, and 87.
  • A check for mileage.
  • Just the caption (Sections A to D) of JDF 98 - Affidavit of Service.
• Service must be completed:
  • For Testimony: No later than 7 days before the scheduled date in the Subpoena.
  • For Document Production: No later than 14 days before the scheduled date in the Subpoena.
• After service is completed:
  • File the completed form JDF 98 into the Colorado case.
  • Bring a copy of the completed subpoena (JDF 80) and Affidavit of Service (JDF 98) to the appearance date.

Written Instructions

• JDF 86 (PDF)  - Instructions for Issuing a Subpoena (Case outside Colorado)