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The Subpoena

A subpoena is an order of the court requiring you to appear in court at the stated time and place.  You may receive your subpoena by mail or in person.  You received the subpoena because the District Attorney’s Office or the defendant’s attorney believes you have information relating to a criminal case against the defendant.  The law requires this information to be given in court, under oath to ensure the prosecution and the accused have a fair and impartial trial.  If you fail to appear in court or refuse to testify, the court can issue a warrant for your arrest. 

IF FOR SOME REASON YOU CANNOT COME TO COURT ON THE DATE AND TIME INDICATED, IT IS IMPORTANT THAT YOU NOTIFY THE DISTRICT ATTORNEY HANDLING THE CASE OR WITNESS SERVICES BEFORE THE INDICATED COURT DATE.  IT IS ALSO NECESSARY THAT YOU REPORT ANY ADDRESS OR TELEPHONE NUMBER CHANGES TO WITNESS SERVICES IMMEDIATELY.

 In some cases, the deputy district attorney handling the case or the defense attorney can put you “on call” so you can go to work or school on the day you are subpoenaed.  You will be called at a pre-arranged telephone number an hour or so before you are needed in court.  The “on call” system is a way of reducing the amount of time witnesses spend waiting to testify.  If you are placed “on call,” you must be available to testify in court within thirty minutes to an hour.  To request “on call” status, call the telephone number on your subpoena immediately.     

Appearance Time

The time spent while actually testifying may not take long and it depends upon many factors.  The majority of your time at court will be spent waiting to testify.  You and your family and friends are encouraged to bring a book or magazine to read while you wait. 

Because unforeseeable problems can arise, cases are frequently continued and inconvenience for witnesses cannot be avoided.  The case may not take place as scheduled for various reasons, including: 1) the defendant pleads guilty or 2) the case is rescheduled to another date.  Your patience and commitment are essential to serving justice and are greatly appreciated.   

Finally, please arrange for child care if you have children.  Court rules prohibit children in criminal courtrooms.  The Victim/Witness Assistance Program, however, may be able to assist you in providing for childcare.  There are “Children’s Chambers” in some courthouses in Orange County.  Please contact them prior to your court date to determine if your children can be cared for in the Children’s Chambers. 

The District Attorney

The District Attorney’s Office is responsible for prosecuting the defendant.  If you are subpoenaed as a witness by the District Attorney’s Office, the deputy district attorney handling the case will be asking you questions during “direct examination.” 

The Preliminary Hearing

A preliminary hearing is not a trial by jurors, but a hearing by a judge to decide whether the defendant should stand trial for the alleged felony crimes.  Not all of the evidence is presented at the preliminary hearing, and your testimony may or may not be required at this stage. 

Witness Interviews

You may be contacted by a deputy district attorney or a district attorney investigator for further interviews about the facts of the case before the preliminary hearing or trial.  Sometimes the defendant’s attorney or investigator working for the defense will also contact witnesses before the preliminary hearing or trial.  You have the right to choose whether you will speak to anyone about the case outside of court.  If you are unsure who you are speaking to, ask for a business card and an explanation of their role in the case.  You may wish to have a person of your choosing present or a tape recorder to avoid later misunderstandings or misquotations. 

The Court or Jury Trial

A court or jury trial in a felony or misdemeanor case will ordinarily occur from one month to twelve months after the charges are filed.  In some exceptional cases, it may take longer.  In a misdemeanor case, your testimony will usually be required only during a trial. For felony cases, you may be required to testify at both the preliminary hearing and trial.  If the defendant pleads guilty after the preliminary hearing, you will not be required to testify at trial. 

The Defense Attorney

 The defendant will be represented at the preliminary hearing or trial by a private attorney or a public defender.  The defense attorney will question you after the deputy district attorney finishes questioning you.  This is called “cross-examination.”  They are entitled to ask you these questions subject to “objections” by the prosecutor and the judge deciding whether the question is proper.  You should not take these questions as a personal attack on you.

Witness Fees

Whether a witness receives any witness fee is at the discretion of the court.  A court may order that you receive witness fees (not to exceed $12 to 18 per day) plus reasonable and necessary expenses after testifying.  It is the civic duty of all citizens to come to court and testify when subpoenaed as a witness to ensure a fair justice system. 

Tips on Testifying

• First and foremost, tell the TRUTH.  Listen carefully to the questions posed to you.  Be sure you understand the question before you answer it.  Give an answer to the best of your ability and knowledge. 

• Let the judge know if you do not understand the question.  If you do not understand the question, say so.  The judge will likely ask the attorney to rephrase the question so that you can understand it. 

• Do not guess or speculate.  If you do not know the answer or you cannot remember, just say so.  If you give an estimate (such as with distance or time), indicate that your answer is only an estimate and not exact.  On the other hand, give positive, definitive answers when you clearly remember. 

• Answer the question.  Do not volunteer information unless you are specifically asked for it.  You may explain your answer if you feel it is needed.  If you make an error while testifying and later realize it, ask the court for permission to correct your error before you leave the witness stand.  If you realize your error after you are excused from the witness stand, advise the deputy district attorney as soon as possible. 

• Dress appropriately as if you are going to a job interview. (E.g. dress shirt, slacks, sweater, conservative dress, blouse, skirt.)  Please do not wear a hat, shorts, tube tops, jeans, or flip flops.

• Speak loudly and clearly.  There are a lot of people in the courtroom who need to hear your testimony and understand it.  Please enunciate your words and answer “yes” or “no,” rather than “uh-huh” or nodding your head.  Don’t be afraid to make eye contact with the jury while testifying.  They want to hear what you have to say.

• “Just the facts, ma’am.”  While you may have opinions or beliefs about the case, just stick to telling the facts. 

• Do not chew gum, smoke, eat, or drink anything in the courtroom. 

• Please turn off your cell phone or pager before entering the courtroom.

• Do not discuss the case with any other witness or juror.  Avoid discussing the case in public areas such as elevators, hallways, or the cafeteria – jurors or other witnesses may be present.

• Remain calm.  Testifying in front of a lot of people can be intimidating.  Your role is important to the pursuit of truth.  Be courteous and do not argue with the lawyers or the judge.  Do not lose your temper. 

• Stop talking if one of the attorneys objects.  Wait to answer until the judge instructs you or rules on the objection.

• Arrive to court early.  Please arrive early when called to court to allow ample time for parking, going through security, finding the courtroom, speaking with the deputy district attorney, and arranging for seating. 

Courthouse Information

Free parking is generally accessible at most courthouses.  At the Central Courthouse and the Lamoreaux Juvenile Justice Center, the Victim/Witness Assistance Program Office will validate your parking; so it is free.  However, any parking citations issued to you are your responsibility. 

For directions and maps to the County Courthouses, see the Maps and Directions link on the Resources section of this site.