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Miscellaneous

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

 

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.
    • Note! The Original Subpoena must be issued by a Court, not an attorney.

 

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)