A small claims subpoena is a request to appear in court to help a plaintiff or defendant present their case in a small claims court. The court can only hear cases with a total dollar amount of $5,000 or less, and special rules apply, such as no lawyers allowed. Witnesses may be subpoenaed to appear in court and provide evidence.
A small claims subpoena is a special type of subpoena or legal subpoena. A small claims subpoena is a formal request to appear in small claims court to help a plaintiff or defendant within the court system present his or her case. Failure to comply with such a subpoena can expose an individual to contempt of judicial charges, just as failure to comply with any subpoena can.
The Small Claims Court is a special court with limited jurisdiction. This means that the court can only hear certain cases. Although specific limits vary by state, a small claims court typically can hear a case only if the total dollar amount that plaintiff and defendant disagree over is $5,000 US dollars (USD) or less. ). There are numerous types of cases heard in small claims court, from wrongful termination cases to breach of contract cases; in fact, almost any type of lawsuit can be brought by a plaintiff in small claims court, as long as the dollar amount is low enough.
Special rules generally apply to small claims court cases. In general, people are not allowed to bring lawyers. This means they have to prove the case themselves or defend the case themselves. While they are not permitted to bring in attorneys, plaintiffs and defendants in small claims court may call witnesses and present other evidence.
If a witness does not wish to appear in court voluntarily, a small subpoena may be issued requiring the witness to appear in court. Since no attorneys are used, the plaintiff or defendant should prepare this small claims subpoena themselves. Most small claims courts offer forms for doing so and/or assistance from the clerk or other court staff. These staff members can help the plaintiff or defendant in small claims court write a request for a small claims court subpoena; the judge will then review the request and agree to the summons, which must be served.
The witness served with the subpoena must then deliver evidence or appear in court. Evidence can be information, as long as it is not subject to privilege. For example, a subpoena issued by a small claims court may require a person to turn over certain non-confidential documents needed to prove the plaintiff’s case, such as receipts for the purchase of an item that the plaintiff now he thinks it was stolen.
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