Form 23: Subpoena to Witness
Form 23 is a court document requiring a witness to come to a hearing or trial. It can also list documents or items the witness must bring.
Personally serve the completed subpoena at least seven days before the witness is required in court, and provide reasonable estimated travel expenses when it is served.
When to use a subpoena
A party uses Form 23 if a person’s evidence is relevant to a family hearing or trial and the party requires the witness to attend. The form states the court date, location, witness details and any records or things the witness must bring. A subpoena is not a general request to search someone’s private documents or an order that proves a disputed allegation.
How to complete Form 23
- Check the correct registry, court file number and names of parties.
- Identify the witness by name and contact details, ensuring they can be located for service.
- Enter the exact hearing or trial date, time and court location; confirm these details against the registry notice.
- Describe any records or other things the witness is required to bring, with enough clarity that the witness can understand the request.
- Complete and sign the subpoena as prescribed, including who requires the witness and any travel-expense information.
- Arrange personal service by an adult at least seven days before the attendance date and provide reasonable estimated travelling expenses at the time of service. Keep reliable service evidence.
Service and travel expenses are separate requirements
Under Rule 118(1), the subpoena must be personally served by an adult leaving it with the witness at least seven days before the hearing or trial. The person requiring attendance must also provide reasonable estimated travelling expenses when serving it. Simply emailing a copy, posting it on social media or listing the witness in Form 22 does not satisfy these rule-specific requirements.
If you are the witness and cannot attend
Rule 118(3) allows a subpoenaed witness to apply under Rule 64 for a case-management order cancelling the subpoena if attendance should not be required or would cause hardship. The witness must give two days’ notice to each party of that application. The subpoena does not disappear merely because the witness asks for it to be cancelled; seek guidance promptly.
What if a subpoenaed witness does not appear?
Under Rule 119, the trial judge may issue a Form 24 warrant, but only if satisfied about proper service, provision of reasonable travel expenses and the relevance of the missing witness’s evidence. This is a judicial decision, not a step a party can take automatically.
Worked example
A parent wants a third-party witness to describe an exchange they personally observed. The parent confirms the hearing date, prepares Form 23, arranges an adult to serve it personally more than seven days in advance, and supplies reasonable estimated travel expenses. They keep a record of when and how service occurred.
Common mistakes
Do not assume any person can be compelled on a day’s notice. Do not leave travel expenses until the trial. Do not identify witnesses without checking whether their evidence will help resolve a live issue, and do not assume that a missed subpoena automatically results in an arrest warrant.
Official sources
- Official prescribed Form 23
- BC Provincial Court Family Rules — Rule 118
- Province of BC: Provincial family forms
Targeted review of current Rules and prescribed forms: October 13, 2026. This is not a complete legal review of all exceptions or later amendments.