Wisconsin’s subpoena form GF-126A is the standard circuit court subpoena used to compel a witness to appear at a trial, hearing, or deposition, and to bring documents or other evidence if you need them. It works the same way in every county, drawing its authority from Wis. Stat. §§ 805.07, 885.02, and 885.03. You can download a fillable PDF from the Wisconsin Court System website or pick up a paper copy at any Clerk of Circuit Court office.
What to Have in Front of You
Gather these before you open the form so you can complete every field in one sitting:
- The case caption and case number, copied exactly as they appear on other filings.
- The witness’s full legal name and current address.
- The exact date, time, and street address where the witness must appear.
- If you need documents, a specific written list of what you want. Vague descriptions invite a motion to quash.
Filling Out GF-126A
The header takes the case caption and case number. Below that, the form addresses the witness directly with “The State of Wisconsin to” followed by a blank for the witness’s name and address. Fill in the date, time, and location of the proceeding.
If you only need testimony, the main body is done. If you also need the witness to produce evidence (turning the subpoena into a subpoena duces tecum), use the section that reads “You are further required to bring with you the following.” Wisconsin law lets you demand books, papers, documents, electronically stored information, and tangible things, and you can specify the format for electronic records.
Precision matters more than people expect. “All financial records” gives the recipient room to argue the subpoena is unreasonably broad. “Checking account statements from First National Bank, account ending in 4521, for January 2024 through December 2025” does not. Name the type of document, the relevant date range, and the parties or accounts involved.
Who Can Sign the Subpoena
A GF-126A only has legal force if someone with signing authority signs it. Wisconsin law limits that authority to two groups:
- Judges, clerks, court commissioners, and municipal judges, within the territory of their jurisdiction.1Wisconsin State Legislature. Wisconsin Code 885.01 – Subpoenas, Who May Issue
- Attorneys of record in a civil action or special proceeding, to compel witness attendance at a deposition, hearing, or trial.2Wisconsin State Legislature. Wisconsin Code 805.07 – Subpoena
If you’re representing yourself, you fall into neither category. Bring the completed form to the Clerk of Circuit Court and have the clerk sign it. Without a valid signature under § 885.01 or § 805.07, the subpoena is unenforceable.
How to Serve It
Under Wis. Stat. § 885.03, any person can serve a subpoena. The statute sets no age requirement and doesn’t bar parties to the case from serving, though a neutral third party is the safer choice. Service is valid when the server shows the subpoena to the witness and reads it aloud, hands the witness a copy, or leaves a copy at the witness’s home.3Wisconsin State Legislature. Wisconsin Code 885.03 – Service of Subpoena
Many litigants hire the county sheriff’s department or a private process server. Those services charge their own fees on top of the witness fees, so budget for both.
The Witness Fee You Must Tender at Service
Handing over the paper isn’t enough on its own. In most civil matters, you must also tender the witness fee and mileage at the time of service, in cash, by check, or by draft. Skip this step and the witness has no obligation to appear. The statutory amounts are $16 per day of attendance and $0.20 per mile of round-trip travel between the witness’s residence and the place of attendance.4Wisconsin State Legislature. Wisconsin Code 814.67 – Fees of Witnesses and Interpreters
There are exceptions. No advance fee is required when the witness is subpoenaed on behalf of the state, on behalf of a municipality in a forfeiture action, or on behalf of an indigent respondent in a paternity case. In those situations the witness must appear based on the subpoena alone.5Wisconsin State Legislature. Wisconsin Code 885.06 – Witness Fees, Prepayment
How Far Ahead to Serve
The statutes don’t set a single universal deadline, but the Wisconsin Court System’s own service instructions call for personal service no fewer than 10 business days before the hearing date.6Wisconsin Court System. FA-5000V – Service Instructions
A separate rule governs third-party subpoenas issued for discovery. You must notify all other parties at least 10 days before the scheduled deposition so they can object, and any documents requested from the third party should not be produced before the date and time specified in the subpoena. This preserves the other parties’ chance to raise privilege or relevance concerns.2Wisconsin State Legislature. Wisconsin Code 805.07 – Subpoena
Filing Proof of Service
After delivery, the person who served the subpoena documents the date, time, and location of service and the amount of witness fees tendered. File that proof with the Clerk of Circuit Court so the judge has a record that the witness was properly notified. Wisconsin’s instructions say to return proof of service “as soon as possible.” There is no fixed statutory deadline, but filing late creates problems if the witness doesn’t appear and you need the court to act.6Wisconsin Court System. FA-5000V – Service Instructions Attorneys upload the proof as a PDF through the Wisconsin circuit court eFiling system. Self-represented litigants can submit paper copies at the clerk’s office.7Wisconsin Court System. Wisconsin Circuit Court eFiling
Redacting Protected Numbers Before Filing Documents
When subpoenaed documents are filed with the court, Wis. Stat. § 801.19 requires every filer, attorney or not, to redact five categories of protected information first:
- Social Security numbers
- Employer and tax identification numbers
- Financial account numbers, including bank accounts and credit cards
- Driver license numbers
- Passport numbers
For documents you create yourself, leave the numbers out or refer to them generically (for example, “plaintiff’s checking account”). If the full number is essential, submit it separately on form GF-241. For existing documents such as exhibits or bank statements, white out or black out the protected numbers on a copy before filing. The clerk’s office won’t screen your filings. That responsibility is yours.8Wisconsin Court System. Frequently Asked Questions About Protecting Information in Court Records
What Happens if the Witness Ignores It
A witness who skips a properly served subpoena faces real consequences. Under Wis. Stat. § 885.11, the court can issue an attachment (an arrest warrant) to bring the witness in to answer for contempt and to testify. An inexcusable failure to appear before a court of record carries a contempt fine of up to $200.9Wisconsin State Legislature. Wisconsin Code 885.11 – Disobedient Witness
The absent witness is also personally liable to the aggrieved party for all damages caused by the failure to appear. If the absent person is a party rather than a third-party witness, the court can strike that party’s pleadings and enter a default judgment against them.9Wisconsin State Legislature. Wisconsin Code 885.11 – Disobedient Witness
If You Are the One Receiving the Subpoena
If you receive a GF-126A and believe it’s unreasonable or overly burdensome, file a motion for a protective order asking the court to quash or modify it. File promptly, and no later than the compliance deadline stated in the subpoena. The court can strike the subpoena if it finds the request unreasonable and oppressive, or keep it alive while requiring the issuing party to cover the reasonable cost of producing the materials.2Wisconsin State Legislature. Wisconsin Code 805.07 – Subpoena