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1. I have been subpoenaed by the District Attorney to appear as a witness in a criminal case. Is there a phone number to call or a web site to find out if I need to appear?

If you have a date conflict you should contact the Deputy District Attorney handling the case before the appearance date and discuss your conflict. The subpoena contains the name and telephone number of the Deputy District Attorney responsible for the subpoena.

Call our office at (707) 253-4282 after 5:00 PM on the preceding business day to learn if the court date for a jury trial or preliminary hearing has been canceled. As an alternative, you can visit the Napa County Superior Court Web site after 5:00 PM on the preceding business day to search the Court Calendar information.

2. I have been subpoenaed by the District Attorney to appear as a witness in a criminal case. What if I can't attend on the date?

If you have a date conflict you should contact the Deputy District Attorney handling the case before the appearance date and discuss your conflict. The subpoena contains the name and telephone number of the Deputy District Attorney responsible for the subpoena.

Call our office at (707) 253-4211 if you have questions.

3. Who do I call to get more information about why I am being subpoenaed?

Witnesses are not limited to eye witnesses. You may not have seen the crime happen, but you may know something about it, such as where a piece of evidence was found or have other information that is important to the case. If you have questions about why you were ordered to testify in a particular case, you can contact the deputy district attorney listed on the subpoena for more information at (707) 253-4211.

4. As a witness, do I have to talk in front of the defendant in court?

Yes. The defendant has a right to be present in court to hear what all of the witnesses have to say. Both the prosecutor and the defendant's attorney will ask you questions.

If you are feeling anxious about testifying, you can contact the Victim-Witness Assistance Program at (707) 299-1414.

5. I have to testify in court and not knowing what to expect is making me very anxious. Who can I talk to about my concerns?

Contact the Victim-Witness Assistance Program at (707) 299-1414. A victim advocate will explain the process and be able to answer most questions you may have.

6. Can I get witness fees if I appear in court for a subpoena?

Whether a witness receives any witness fee is within the discretion of the court. A court can order that you receive witness fees in the amount of $12 for each day of your appearance in court (or $18 per day, if you missed work and your employer did not pay your wages), plus reasonable and necessary expenses after testifying. The Deputy District Attorney or a Victim-Witness Advocate may also be able to discuss the issue of witness fees with you.

Call our office at (707) 253-4211 if you have questions.