Connecticut Subpoena
Connecticut pays a witness fifty cents a day, requires service eighteen hours before the appearance, and lets any Connecticut attorney sign the subpoena as a commissioner of the Superior Court. Attorney review available.
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Introduction
Fifty cents. That is what Section 52-260(a) of the Connecticut General Statutes allows a witness for a day's attendance, and it is the smallest flat statutory witness fee anywhere in this cluster. The penalty for ignoring the paper is scaled to match: Section 52-143(e) provides that a person served and tendered one day's attendance and travel fees who then fails to appear and testify without reasonable excuse shall be fined not more than twenty-five dollars and pay all damages to the party aggrieved, and the court may issue a capias to have the witness arrested and brought in. Both figures are historical artifacts, and the statute's own history line records that the twenty-five dollar cap replaced a five dollar one back in 1961. Connecticut keeps the mileage side deliberately open-ended. Rather than fixing a rate, Section 52-260(a) says travel to the place of trial is paid at the same amount per mile as provided for state employees under Section 5-141c, and Section 5-141c in turn delegates the figure to regulations established by the Commissioner of Administrative Services with the approval of the Secretary of the Office of Policy and Management. There is no cents-per-mile number anywhere in that chain. Two procedural points make Connecticut practice distinctive. The subpoena is signed by the clerk of the court or a commissioner of the Superior Court, which is to say by any Connecticut attorney, and service must happen not less than eighteen hours before the time the witness is told to appear, unless the court orders otherwise. The state's form, JD-CL-43, then does something unusual: it binds the witness to the stated date or to a later date within 60 days when the case will actually be tried. DocDraft prepares your Connecticut subpoena from your own facts, with attorney review available before service.
Key Things to Know
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A Connecticut subpoena is a Superior Court order, signed by the clerk of the court or by a commissioner of the Superior Court, requiring a named person to come to court and testify about what they know of the case, and if asked, to bring and produce specified items.
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The Connecticut witness fee is fifty cents a day (Conn. Gen. Stat. Section 52-260(a)). The party requesting the subpoena is responsible for paying the witness fees.
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Connecticut sets no cents-per-mile rate. Travel to the place of trial is paid at the same amount per mile as provided for state employees under Section 5-141c, which delegates the rate to regulations of the Commissioner of Administrative Services.
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A Connecticut subpoena must be served not less than eighteen hours before the time designated for the person to appear, unless the court orders otherwise (Section 52-143(a)). The notice period is measured in hours, not days.
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Service is made by an officer or an indifferent person, and in a criminal case where the defendant has a public defender or assigned counsel, by an investigator of the Division of Public Defender Services.
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Connecticut uses form JD-CL-43, Rev. 10-19, a single subpoena covering civil, housing, small claims, family, family support magistrate, criminal and motor vehicle matters, citing Sections 52-143 and 52-144 and Practice Book Sections 7-19 and 24-22.
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A witness who was tendered one day's attendance and travel fees and then fails to appear and testify without reasonable excuse shall be fined not more than twenty-five dollars and pay all damages to the party aggrieved, and a capias may issue (Section 52-143(e)).
Key decisions before you file
Before you file a Subpoena in Connecticut, 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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Connecticut Requirements for Subpoena
Witness Fee of Fifty Cents a Day
The fees of a witness for attendance before any court or legal authority shall be fifty cents a day (Conn. Gen. Stat. Section 52-260(a)). The JD-CL-43 form adds that the party requesting the subpoena is responsible for paying the witness fees.
Travel at the State-Employee Rate, No Cents Figure
Travel to the place of trial is paid at the same amount per mile as provided for state employees under Conn. Gen. Stat. Section 5-141c, which delegates the rate to regulations of the Commissioner of Administrative Services. Neither statute states a cents-per-mile number, so confirm the current rate with the clerk.
Service Not Less Than Eighteen Hours Ahead
The subpoena shall be served not less than eighteen hours prior to the time designated for the person summoned to appear, unless the court orders otherwise (Conn. Gen. Stat. Section 52-143(a)). The JD-CL-43 return of service attests to that standard in its printed text.
Signed by a Commissioner of the Superior Court
Subpoenas for witnesses shall be signed by the clerk of the court or a commissioner of the Superior Court (Conn. Gen. Stat. Section 52-143(a)). Because every Connecticut attorney is a commissioner of the Superior Court, counsel of record signs the subpoena directly.
Form JD-CL-43 and the 60-Day Trailing Date
Form JD-CL-43 Rev. 10-19 covers civil, housing, small claims, family, family support magistrate, criminal and motor vehicle matters. Its text requires attendance on the stated date, or on a later date within 60 days when the case will be tried, so one subpoena can cover a continued trial date.
Service by an Officer or Indifferent Person
Service is made by an officer or an indifferent person, and in a criminal case where the defendant has a public defender or assigned counsel, by an investigator of the Division of Public Defender Services (Conn. Gen. Stat. Section 52-143(a)). The form's fee block itemizes Copy, Endorsement, Service, Travel and Total.
Agent Service for Officers and Physicians
A subpoena summoning a police officer may be served on the chief of police or a designee at the station, one summoning a correctional officer on a designee of the Commissioner of Correction at the assigned facility, and one summoning a physician on the office manager or person in charge at the physician's office. Service on the agent is deemed service on the witness (Conn. Gen. Stat. Section 52-143(b), (c), (f)).
A $25 Fine, All Damages and a Capias
A person served and tendered one day's attendance and travel fees who fails to appear and testify without reasonable excuse shall be fined not more than twenty-five dollars and pay all damages to the party aggrieved, and on proof of service and tender the court may issue a capias to arrest the witness and bring them in to testify (Conn. Gen. Stat. Section 52-143(e)).