Colorado Subpoena
Colorado deleted its flat daily witness fee in 2010, so the only check you hand a witness is mileage at 53 cents a mile, and there is no filing fee for the subpoena. Attorney review available.
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Introduction
Colorado is the state where the witness-fee question has no dollar answer. The subsections of Section 13-33-102 of the Colorado Revised Statutes that once carried a flat daily attendance fee were deleted by amendment in 2010, effective July 1 of that year, which is why national witness-fee tables that still print a Colorado daily figure are quoting text that is no longer in the statute. The Colorado Judicial Branch's own instruction sheet, JDF 79, How to Issue a Subpoena, reflects that: under Fees it says there is no filing fee, and the one payment it tells you to make is the witness's travel. Step 3 is literally headed Write a Check, and it gives the figure: as of January 1, 2022, 53 cents per mile, measured from the witness's home to the place listed in the subpoena. The underlying rule pegs witness mileage to the base allowance for state officers and employees rather than fixing a number in the subpoena statute. Colorado then front-loads two timing rules that are easy to miss. A Subpoena to Appear must be personally served no later than 48 hours before the event, and the event has to be on the calendar before the clerk will issue the subpoena at all. A subpoena to produce records runs on a different clock: unless everyone involved agrees in writing, production cannot be required sooner than 14 days from the date of service. Privileged records are stricter still. DocDraft prepares your Colorado subpoena from your own facts, with attorney review available before anything is served.
Key Things to Know
- 1
A Colorado subpoena is a court order in a pending case that requires a person either to attend a scheduled case event such as a deposition, hearing or trial, or to provide documents and other evidence, or both. The district court form is JDF 80 and the county court form is JDF 80.2.
- 2
Colorado has no flat statutory per-day witness fee. Subsections (1) to (3) of C.R.S. Section 13-33-102, which carried the daily attendance fee, were deleted by amendment in 2010 (HB 10-1291), effective July 1, 2010.
- 3
The payment a Colorado filer must make is travel. JDF 79 directs you to cover the cost of travel to the court event and states that as of January 1, 2022 that is 53 cents per mile, citing C.R.S. Sections 13-33-103 and 24-9-104.
- 4
There is no filing fee for a Colorado subpoena. JDF 79 says so in terms, and lists the witness's travel as the only cost the filer owes.
- 5
A Colorado Subpoena to Appear must be personally served no later than 48 hours before the date of the event, and the case event must already be scheduled before the subpoena will be issued.
- 6
For a Colorado subpoena to produce, unless all parties, the privilege holder or holders and the person subpoenaed agree otherwise in writing, production must be made no sooner than 14 days from the date of service.
- 7
A Colorado subpoena for records covered by a privilege established by C.R.S. Section 13-90-107, such as medical or school records, must be accompanied by an authorization signed by the privilege holder or by a court order authorizing production. Without one, the recipient is directed not to appear and not to disclose the records.
Key decisions before you file
Before you file a Subpoena in Colorado, a few decisions shape the document: which option to choose and what each one means. The Subpoena guide walks through them.
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Colorado Requirements for Subpoena
No Flat Per-Day Witness Fee
Colorado has no flat statutory per-day witness fee. The subsections of C.R.S. Section 13-33-102 that carried one were deleted by amendment in 2010 under HB 10-1291, effective July 1, 2010. Witness-fee tables that still print a Colorado daily figure are quoting the deleted text. Confirm with the clerk or counsel before paying an attendance amount.
Mileage Check at 53 Cents a Mile
JDF 79 tells the issuing party to cover travel to the court event and states that as of January 1, 2022 that is 53 cents per mile, calculated from the witness's home to the place listed in the subpoena, citing C.R.S. Sections 13-33-103 and 24-9-104. The rate tracks the state-employee base allowance, so re-check it before writing the check.
No Filing Fee
JDF 79 states there is no filing fee for a Colorado subpoena, and lists the witness's travel as the only cost the filer owes.
48-Hour Personal Service to Appear
A Colorado Subpoena to Appear must be personally served no later than 48 hours before the date of the event, and the case event must already be scheduled before the subpoena will be issued (JDF 79).
Production No Sooner Than 14 Days
Unless all parties, the privilege holder or holders and the person subpoenaed agree otherwise in writing, production must be made no sooner than 14 days from the date of service (JDF 80). The exception is an expedited hearing under C.R.C.P. 45 or a statute.
Privileged Records Need Authorization or Order
A subpoena for records subject to a privilege under C.R.S. Section 13-90-107 must be accompanied by an authorization signed by the privilege holder or holders, or by a court order authorizing production. Without one, the subpoenaed person shall not appear to testify and shall not disclose any of the privileged records (C.R.C.P. 45(c)(2)(B), reprinted on JDF 80).
The Filer Cannot Serve It
JDF 79 states you cannot be the one who completes service. Give the paperwork and the mileage check to the sheriff's office in the county where the witness lives or works, or to a professional process server, who completes JDF 98 Return of Service for filing with the court.
The JDF Form Set and the Integrity Check Boxes
Colorado prescribes JDF 80 District Court Subpoena (R4/18), JDF 80.1 Notice to Subpoena Recipient, JDF 80.2 County Court Subpoena, JDF 85 and 85.1 for the criminal-case permission step, JDF 98 Return of Service, and the JDF 79 guide. JDF 80 also requires the filer to check a box attesting whether anything beyond the blanks was changed.