If You Need to Subpoena a Witness in Arizona Small Claims

This is one of the procedures covered in Small Claims in Arizona Justice Courts. Arizona small claims hearings are informal and do not allow discovery, but a party who needs a third party to testify or produce records can ask the justice court to issue a subpoena. The procedure is short on paperwork and long on small precinct-by-precinct variation. This article explains who can be subpoenaed, how the request works in justice court, and the rules that govern witness service and witness fees.

Why subpoenas exist in a no-discovery system

A.R.S. § 22-516 tells the justice of the peace or hearing officer to conduct the trial “in such a manner to do justice between the parties,” without being bound by formal rules of procedure, pleading, or evidence. Subsection B of the same section adds that “discovery proceedings shall not be used in the small claims procedure.”

A trial subpoena is not discovery. Discovery is the pretrial exchange of information between parties, interrogatories, depositions, requests for documents. A subpoena issued for the hearing compels a non-party to appear and testify, or to bring records to the hearing itself. Because § 22-516(A) lets the court take “any evidence deemed material, relevant and competent,” and because the Rules of Small Claims Procedure do not foreclose witness compulsion, justice courts routinely issue subpoenas in small claims cases.

The practical distinction matters. A party cannot use a subpoena to interrogate someone in advance, request files for review before the hearing, or fish for evidence. The witness’s role is limited to what they say or hand over on the day of the hearing.

Who can be subpoenaed

A subpoena reaches anyone in Arizona who has firsthand knowledge of the dispute or who holds records relevant to it. Examples that come up frequently in small claims:

• A mechanic who repaired a vehicle whose work is now in dispute
• A custodian of records at a bank who holds account statements
• A property manager who witnessed an incident at a rental
• A medical or chiropractic provider who treated an injury
• A locksmith, contractor, or tradesperson whose work led to the claim

Parties themselves do not need a subpoena to attend. A defendant who fails to appear after being properly served with the complaint risks judgment under A.R.S. § 22-515(B). A party who wants a non-party witness to attend, however, has no other reliable way to compel attendance.

How to request a subpoena from the clerk

In every Arizona justice court, the clerk is the office that issues subpoenas after the requesting party completes the form. The procedure is the same in any of the 26 precincts identified in the Maricopa County Justice Courts small claims information page and in justice courts outside Maricopa County, though clerk intake hours and form versions vary.

1. Confirm a hearing date is set

   Subpoenas are issued for a specific hearing. The clerk will not issue a subpoena before the case has a hearing date, which is set after the defendant files an answer under A.R.S. § 22-515(A). The notice of hearing comes from the clerk after the answer is filed.

2. Identify the witness with enough specificity to serve them

   The subpoena form asks for the witness’s full legal name and an address where they can be personally served, a home, place of business, or registered agent address for a corporate custodian of records. A subpoena to “the manager at the auto shop” without a name is not enforceable.

3. State what the witness must bring, if anything

   A standard subpoena (sometimes called a subpoena ad testificandum) compels testimony only. A subpoena duces tecum also commands the witness to bring identified records. Describe records concretely: “all repair invoices, work orders, and inspection reports for vehicle VIN XXX between June 1 and August 31, 2025,” rather than “all relevant documents.”

4. Tender the witness fee at service

   The party requesting the subpoena prepays the witness fee. Under A.R.S. § 12-303, a material witness in a civil action is paid $12 for each day of attendance plus mileage at 20 cents per mile, computed one way from the witness’s Arizona residence to the courthouse. The fee is tendered with the subpoena at service, not paid to the clerk.

5. Arrange for personal service

   A subpoena is served by personal delivery to the named witness. Any adult who is not a party to the case can serve it, a private process server, a constable, or a sheriff’s deputy. The server completes an affidavit of service, and the requesting party files it with the court before the hearing.

Clerk-of-court charges for issuing subpoenas and other miscellaneous documents are set locally. As of 2026, the Maricopa County Justice Court fee schedule lists a $33 fee for most miscellaneous clerk acts. Other counties publish their own fee schedules; the clerk’s office confirms the current amount.

Service and timing

A subpoena must be served personally on the named witness, far enough before the hearing that the witness has time to arrange to attend. Arizona’s general civil practice expects service at a reasonable time before the hearing, and most justice courts ask for at least five to ten days of lead time. The proof of service goes into the court file.

Service by mail does not satisfy the personal-service requirement for subpoenas, even though A.R.S. § 22-513 allows the underlying complaint to be served by certified mail. Subpoena service is a separate question and follows the general justice court practice for compelling third-party attendance.

Witness fees: what is owed and when

The witness fee under A.R.S. § 12-303 has been $12 per day of attendance plus 20 cents per mile (one way) for many years. The statute does not adjust the figures for inflation; as of 2026, those amounts remain in effect. The fee is tendered to the witness at the time of service. A witness who is not paid the statutory fee in advance is not obligated to attend.

A custodian of records subpoenaed only to authenticate documents sometimes agrees to mail certified copies in lieu of attending in person. Some courts permit this informally, but confirming with the clerk and the records custodian before relying on a mail-in is the safer course. If the witness shows up at the hearing, any unpaid mileage or daily fee is paid before the witness is excused.

The prevailing party in a small claims case can ask the court to include witness fees actually paid as a taxable cost in the judgment, alongside the filing fee and service costs. The court decides what to include based on the judgment and the documentation in the file.

What happens if the witness ignores the subpoena

A witness who refuses to appear after proper service and tender of fees is in contempt of the court that issued the subpoena. The remedy is not automatic; the requesting party brings the failure to the court’s attention.

Practically, the court can:

• Continue the hearing to a new date and order the witness to appear
• Issue an order to show cause directing the witness to explain the failure
• Impose sanctions if the failure was without good cause

A continuance under A.R.S. § 22-515(C) is granted only for “good cause.” A witness who was served, paid the statutory fee, and did not appear is generally good cause to continue the hearing.

Records custodians whose subpoena is not honored present the same problem at one further remove: the records do not come into evidence. Parties who rely heavily on third-party records often bring backup, their own copies of statements, photos of invoices, or screenshots of an electronic record, in case the custodian does not produce the original.