How do I properly respond to a subpoena that orders me to testify as a witness in a California criminal trial?

To properly respond to a subpoena for testimony, you must appear in court at the specified date and time unless you successfully challenge the subpoena in court beforehand. Here are the steps to take to ensure you comply with this court order. Step 1: Read the Subpoena Carefully Immediately review the entire document. Confirm the case name, the date, time, and location (courtroom number) of the trial. Identify which party issued the subpoena—the District Attorney (prosecution) or the defense attorney. Their contact information will be on the document. Step 2: Contact the Issuing Attorney Call the attorney listed on the subpoena. Confirm that you received it and that the date and time are still accurate, as trial schedules often change. You can ask if it is possible to be placed "on call," which means you agree to be available by phone and only come to court when they specifically call you to testify. Step 3: Assess Your Basis for Objecting (If Any) You must comply with the subpoena unless you have a legal reason not to. Valid objections are rare but can include improper service, the testimony being protected by a legal privilege (like attorney-client or spousal privilege), or if appearing would cause an extreme and undue hardship. Step 4: File a Motion to Quash if You Object If you have a valid legal objection, you must file a "Motion to Quash" with the court. This is a formal request for a judge to cancel the subpoena. This motion must be filed and served on the issuing attorney before the date you are ordered to appear. You will almost certainly need an attorney to draft and file this motion correctly. Step 5: Prepare and Appear If you are not challenging the subpoena, prepare to testify. Review the facts of the event you witnessed. On the day of the trial, dress professionally, arrive at the courthouse at least 30 minutes early, and bring your subpoena with you. Check in with the court clerk or the attorney who subpoenaed you. Important considerations: You are entitled to witness fees ($35 per day) and mileage reimbursement. The issuing attorney's office can provide the necessary forms. If the testimony could incriminate you in a crime, you may have a Fifth Amendment right to refuse to answer certain questions, but you must still appear. Warnings and limitations: A subpoena is a court order. Ignoring it can lead to a charge of contempt of court under California Penal Code Section 1331, which is punishable by fines and potentially jail time. You cannot simply decide not to go. This is general information and does not constitute legal advice. For complex situations, especially if you believe you have a reason to object or if your testimony could incriminate you, you should consult with a qualified California attorney.