Quick guide to serving subpoenas in Saskatchewan. When witnesses won't attend voluntarily, a properly served subpoena compels court attendance.
A subpoena is a court order requiring someone to appear as a witness. When a witness won't attend voluntarily, serving a subpoena ensures they legally must appear—or face consequences.
A subpoena (also spelled "subpœna") is a legal document ordering someone to:
Latin Origin: "Under penalty"—failure to comply can result in contempt of court.
Orders person to attend trial or hearing to give testimony.
Common In: Civil trials, criminal trials, family court, small claims
Orders person to bring specific documents or evidence.
Examples:
Requires both attendance and document production.
Unwilling Witnesses: Witness won't attend voluntarily
Employer/Professional Conflicts: Witness needs official document to justify absence from work
Important Evidence: Ensuring critical witness appears
Documentary Evidence: Obtaining specific records from third parties
Court Requirements: Some courts require subpoenas even for willing witnesses
Personal Service: Subpoenas must be personally served (hand-delivered)
Conduct Money: Must pay witness their travel/attendance costs in advance
Timing: Must be served with sufficient notice (varies by court and distance)
Proof of Service: Affidavit of service filed with court proving service and payment
Amount paid to witness covering:
Calculated based on: Distance traveled, expected trial length
Paid at Service: Given to witness when subpoena served
Typical Amount: $50-$200 depending on circumstances
Small Claims Court: Usually 5 days before trial (more if far away)
Queen's Bench: 10 days before trial (more if outside judicial centre)
Criminal Court: Varies by circumstances
Out of Province: Special rules apply
Properly served witness must:
Consequences for ignoring subpoena:
Contempt of Court: Judge can issue warrant for arrest
Costs: May be ordered to pay costs of delay
Criminal Charges: In criminal cases, additional penalties
Adjournment: Trial may be delayed, costing everyone time and money
Provincial Coverage: Subpoenas can be served anywhere in Saskatchewan
Out of Province: Special reciprocal enforcement rules apply for serving witnesses in other provinces
We Serve Province-Wide: From Moose Jaw to La Ronge, we ensure proper service
Proper Service: We know the rules and follow them exactly
Conduct Money Calculation: We calculate and collect proper conduct money from you
Proof of Service: Professional affidavit filed with court
Fast Service: Understanding trial deadlines
Experience: We've served thousands of subpoenas
Service Fee: $75-$150 per witness
Conduct Money: $50-$200+ (passed through to witness)
Mileage: For rural service, additional mileage charges
Rush Service: Available for urgent situations
Multiple Witnesses: Discounts for multiple witnesses same location
Trial Tomorrow? We offer rush service:
Same-Day Service: Often possible in urban centres
After-Hours Service: For urgent situations
Weekend Service: When necessary for Monday trials
Priority Scheduling: Rush fees apply but we get it done
Representing Yourself? We help:
Conduct Money Calculation: We'll tell you how much to provide
Service Requirements: Guidance on timing and procedure
Proper Documentation: Ensure affidavit is court-ready
No Legal Advice: We explain procedure but can't give legal advice
Do willing witnesses need subpoenas? Not always, but recommended because:
Can I serve a subpoena myself? Technically yes in some courts, but not recommended. Professional service ensures no procedural errors.
What if witness can't be found? We have investigation capabilities and can often locate difficult-to-find witnesses.
Can witnesses refuse? No, if properly served. Refusal is contempt of court.
Email: info@southsaskprocess.ca
Provide:
We Handle:
When your case depends on witness testimony, professional subpoena service ensures they'll be there.
Call today for Saskatchewan subpoena service.
Contact South Sask Process Services for expert legal process serving, notary services, and more across Saskatchewan.
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