CIV-GP-71 – Affirmation of Service of Subpoena to Testify

Jurisdiction: Country: United States | Province or State: New York

What is a CIV-GP-71 – Affirmation of Service of Subpoena to Testify?

The CIV-GP-71 is the sworn proof that a subpoena to testify was served according to New York law. It identifies who served the subpoena, when and where service occurred, the method used, who received the papers, and whether a witness fee and mileage were tendered. In the Civil Court of the City of New York, this form is the official record the court relies on to decide whether service of a trial or hearing subpoena was properly carried out.

You use this form after delivering the subpoena that compels a person to appear and testify; the CIV-GP-71 is not the subpoena itself but the evidence that service was completed. Judges commonly request it if a witness fails to appear or if there is a dispute about service. The details you record—names, dates, times, addresses, service method, and payments—demonstrate that the witness received lawful, timely notice.

Typical users include self-represented litigants, attorneys, and process servers. In landlord-tenant disputes, small claims, consumer cases, or commercial matters, parties use the affirmation to confirm a nonparty witness was properly notified. Even when the witness appears as scheduled, a clear affirmation preserves the record and reduces disputes about service.

The form is straightforward but must be precise. Courts scrutinize service closely, and an incomplete or inaccurate affirmation can undermine enforceability. Where service requires mailing, or when law mandates tendering a witness fee and mileage, those steps must be evident. Keep the original affirmation with copies and any supporting materials such as mailing receipts, attempt logs, or photos of a posting (if applicable), so you can quickly respond to court questions.

The workflow is simple: serve the subpoena; immediately complete the affirmation; preserve proof; bring the affirmation to court; present it if the witness does not appear or if the court asks for it. Every entry should be legible, specific, and complete.

When Would You Use a CIV-GP-71 – Affirmation of Service of Subpoena to Testify?

Use the CIV-GP-71 after serving any subpoena that requires a person to appear and give testimony—trials, evidentiary hearings, motions, inquests, or special proceedings.

Examples:

• A tenant subpoenas a superintendent to testify about apartment repairs and access.
• A small business subpoenas a former bookkeeper to explain ledger entries in a contract dispute.
• A landlord subpoenas a managing agent about rent records or notice procedures.
• A consumer subpoenas a store manager to clarify refund practices.

In each scenario, the server should complete the affirmation as soon as service is made to preserve accurate details. If a witness later fails to appear, the court will often request proof that service complied with New York requirements and that any required witness fee and mileage were tendered.

Who uses it

• Self-represented parties and attorneys in small claims, housing, and commercial parts.
• Process servers and legal support staff who perform service.
• Landlords, tenants, consumers, and small business owners are relying on nonparty witnesses.

Filing practices vary. Frequently, you bring the completed affirmation to court and present it only if needed. Keep it ready, with copies, to avoid delays. If the court directs filing, follow that instruction. If a proceeding is adjourned or rescheduled, retain your original affirmation and, if a new date is set, re-serve the subpoena and complete a new affirmation for the new service.

Best practice is contemporaneous completion. Memories fade, and details blur if recorded days later. Completing the affirmation immediately supports your credibility and strengthens the record.

Legal Characteristics of the CIV-GP-71 – Affirmation of Service of Subpoena to Testify

The CIV-GP-71 is a sworn statement signed under penalty of perjury by the person who served the subpoena. Because courts use it as evidence, accuracy and completeness are critical. A flawed affirmation can lead to a finding of defective service and jeopardize enforceability.

Key legal features

• Sworn declaration: The server attests to facts such as date, time, place, method of service, and identity of the recipient (if not the witness). False statements have serious consequences.
• Evidence of service: The affirmation is prima facie proof of proper service. If challenged, judges consider it together with supporting materials like mailing receipts or service logs.
• Compliance record: The form should demonstrate that the method used is permitted, that any required mailing was done, and that statutorily required tender of witness fee and mileage occurred.

Enforceability hinges on

• Correct method of service: Personal delivery; substituted service (delivery to a person of suitable age and discretion at the residence or business, followed by mailing); or affix-and-mail (posting and mailing after due diligence).
• Clear details: Precise date, time, complete address, recipient identity, and any required mailing information.
• Witness fee and mileage: When required, these must be tendered at service; the affirmation should state the amount and payment method (cash, check, or money order).
• Eligible server: The server must be at least 18 and not a party to the case.

General considerations

• Reasonable notice: The subpoena should allow sufficient time for the witness to appear. Including the return date/time on the affirmation helps show timely notice.
• Due diligence (for affix-and-mail): Reasonable, varied attempts at personal service are required before posting. The affirmation should list dates, times, and observations for each attempt.
• Documentation: Retain supporting materials (attempt logs, photos of posting, certificates of mailing) to respond to challenges.
• Clarity and legibility: Complete every relevant space and write clearly; use a continuation page if you need more room.

Treat the affirmation as your official service log. If it leaves gaps or ambiguities, the court may be unable to conclude service was proper, undermining enforcement and risking loss of testimony.

How to Fill Out a CIV-GP-71 – Affirmation of Service of Subpoena to Testify

1) Identify the case

• Enter: Civil Court of the City of New York; list county (borough), part, and courtroom if known.
• Copy the case caption and docket/index number exactly as on the subpoena.

Practical tips:

• Cross-check the caption before signing.
• Confirm the correct file number if multiple dockets exist.
• Note the hearing type if the form provides space.

2) Identify the subpoenaed witness

• Write the witness’s full name exactly as on the subpoena.
• Enter the service address used. If service occurred at multiple locations, list where service was completed and reference others if space allows.

Practical tips:

• Verify the address is a dwelling or actual place of business.
• Confirm the address source (directory, records, or prior filings) before attempting service.

3) Confirm who served the subpoena

• Provide the server’s name and residential or business address.
• Confirm eligibility: 18 or older, not a party. If the form allows, include a process server license number.

Practical tips:

• Only the person who completed the service signs.
• If a company performed a service, include both the individual and company names if permitted.

4) Record the date, time, and place of service

• Enter the full date and precise time (e.g., 6:18 p.m.).
• Provide the complete address, including apartment/suite, city, and ZIP code.

Practical tips:

• Do not round times; precision supports credibility.
• At workplaces, include the business name and floor/suite.
• If service occurred in a lobby or reception area, describe that and name the recipient.

5) Select the method of service

• Personal delivery: Direct handoff to the witness.
• Substituted service: Delivery to a person of suitable age/discretion at the home or actual place of business, followed by mailing.
• Affix-and-mail: After due diligence, attempt personal service, post at the residence or business, and mail.

For affix-and-mail, describe due diligence: list each attempt with date/time and observations; state where you posted (e.g., “front door of Apt. 4B”) and when you mailed.

Practical tips:

• For substituted service, name the recipient and relationship/role (e.g., “roommate,” “office manager”).
• Attempt personal service at varied days/times before posting.
• If an attorney consents in writing to accept service, keep that consent for your file.

Sample due diligence narrative (condensed):

• 4/2, 7:10 a.m., 123 Sample Ave., Apt. 4B: No answer; lights visible under the door.
• 4/3, 6:45 p.m., same address: Neighbor in 4A said witness home after 9 p.m.
• 4/5, 9:20 p.m., same address: No answer; mailbox labeled with witness’s name.
• 4/6, 12:05 p.m., listed workplace ABC Co.: Office closed; security advised hours 2–10 p.m.

6) Describe the person served (if not the witness)

• Enter the recipient’s name and relationship (e.g., “Jane Doe, co-tenant,” “John Smith, receptionist”).
• Provide a brief physical description if requested (approximate age, height, hair color).
• State whether the service occurred at the home or the actual place of business.

Practical tips:

• If the recipient declines to give a name, note “name refused,” then describe the person and role.
• Avoid leaving papers with someone lacking a connection to the witness or business.

7) Add mailing details if required

• For substituted service or affix-and-mail, record mailing date(s), address(es), and mail type (typically first-class).
• Keep certificates of mailing or postal receipts.

Practical tips:

• Mail promptly after delivery/posting, following the required sequence.
• Use the same address you delivered to unless rules require another address (residence and/or actual place of business).
• Note where you mailed from (e.g., “Mailed at Main Street Post Office”).

8) Record the witness fee and mileage

• State the amount tendered and payment method (cash, check, or money order).
• Note if the fee and mileage were tendered at service; if not, explain briefly (e.g., “party witness,” “exempt,” “waived”).

Practical tips:

• Tender required fees at service; lack of tender can defeat enforcement.
• Record check or money order number; if cash, note “cash” and amount.
• Verify any exceptions for government employees or parties before service.

9) Confirm the return date and appearance details

• Enter the appearance date/time and courthouse address exactly as on the subpoena.
• Include part/courtroom if listed.

Practical tips:

• Ensure the date provides reasonable notice from service.
• If remote appearance is allowed and the form permits, note any platform/instructions.

10) Sign the affirmation

• Read the penalty of perjury statement; verify all entries.
• The server signs, dates, and prints their name per the form’s instructions.
• Notarization is typically unnecessary for an affirmation; follow the signature block.

Practical tips:

• Sign in ink and legibly, or follow approved e-sign procedures.
• Complete the form before signing; do not backdate or alter after signing.

11) Attach supporting materials (if available)

• Attach a copy of the subpoena marked “served” with the date.
• Include mailing receipts, certificates of mailing, and tracking confirmations.
• Attach attempt notes or a due diligence log; for postings, a time-stamped photo can help.

Practical tips:

• Label exhibits (e.g., “Exhibit A—Subpoena,” “Exhibit B—Certificate of Mailing”).
• Keep originals secure; bring copies to court unless originals are requested.

12) Return or file the form

• Provide the completed affirmation to the requesting party or case attorney.
• Bring it to court on the return date, especially if enforcement may be needed.
• File only if instructed by the clerk/court or when submitting enforcement motions.

Tip: Make two copies and a digital scan; keep a spare set in your court file.

Legal Terms You Might Encounter In CIV-GP-71 – Affirmation of Service of Subpoena to Testify

• Subpoena to testify: A command requiring a person to appear at a set time/place to give testimony. The affirmation proves proper delivery.
• Service: The legally recognized delivery of papers. The affirmation records who, when, where, and how.
• Personal delivery: Handing the subpoena directly to the witness; list exact time and place.
• Substituted service: Delivery to a person of suitable age/discretion at the home or business, followed by mailing; identify the recipient and mailing.
• Affix-and-mail: Post the papers at the residence or business after due diligence, then mail; document attempts, posting, and mailing.
• Due diligence: Reasonable, varied attempts at personal service; list dates, times, and observations.
• Witness fee: Statutory amount tendered to a nonparty witness; record amount and payment method.
• Mileage: Travel allowance that may accompany the fee; record if provided.
• Affirmation under penalty of perjury: The server swears the facts are true without notarization.
• Server (process server): The person who serves the papers; must be 18+ and not a party.
• Return date: The appearance date/time, which helps show a timely notice.

Related distinctions:

• Subpoena to testify vs. subpoena duces tecum: This form documents service of a testimonial subpoena; document requests may be combined, but are distinct.
• Affidavit vs. affirmation: An affidavit is typically notarized; an affirmation is signed under penalty of perjury as instructed by the form.

FAQs – CIV-GP-71 – Affirmation of Service of Subpoena to Testify

Do you have to file the CIV-GP-71 with the court?

Often, you keep the original and bring it to court, filing only if asked or when seeking enforcement (e.g., a motion to compel). Keep a copy and a digital scan. Follow any specific clerk or part instructions.

Do you need to pay a witness fee and mileage?

For nonparty witnesses, tender the statutory fee and mileage at service when required. Record what you paid and how, and keep proof (receipt, check number, or money order stub). If no fee is required (party witness, exemption, or written waiver), say so briefly. Missing a required fee can defeat enforcement.

Do you need a professional server to complete the affirmation?

Not necessarily. The server must be 18 or older, not a party, and must follow the service rules. Professionals can reduce errors and provide thorough attempt logs, which can be valuable if service is challenged or enforcement is anticipated.

Do you complete a separate CIV-GP-71 for each witness?

Yes. Prepare one affirmation per witness. If you used multiple attempts or methods for the same witness, include those details for that witness on a continuation page or supplemental affirmation. Do not combine multiple witnesses on one form.

Do you need to mail the subpoena after delivery?

Only if the service method requires it (substituted service or affix-and-mail). Record the mailing date(s), address(es), and mail type. Keep mailing proof. For personal delivery, no mailing is required.

Do you need to sign in front of a notary?

The CIV-GP-71 is typically an affirmation under penalty of perjury, so notarization is not required. Follow the signature block exactly. If a particular part or a different form requires notarization, comply with that instruction.

Do you attach anything to the CIV-GP-71?

Maintain a marked copy of the subpoena, mailing receipts, and attempt notes. If you present the affirmation in court or file it with a motion, bring or attach these materials. They are often decisive if service is disputed.

Checklist: Before, During, and After the CIV-GP-71 – Affirmation of Service of Subpoena to Testify

Before signing

• Match details: Case caption, docket/index number, court, return date/time, and location must match the subpoena.
• Verify witness info: Full name and a valid dwelling or actual business address.
• Confirm server eligibility: 18+ and not a party.
• Record service facts: Exact date/time; complete street address with apartment/suite and ZIP code.
• Choose method: Personal, substituted, or affix-and-mail; ensure prerequisites are met.
• Recipient/due diligence: If not personal, identify the recipient and, for posting, assemble attempt notes.
• Mailing proof: Capture mailing date(s)/address(es) and obtain certificates/receipts.
• Fee/mileage: Prepare the correct amount and a way to document payment.
• Physical description: If requested, note basic identifiers of the person served (if not the witness).

During signing

• Caption and number: Confirm exact match with the subpoena.
• Witness spelling/address: Double-check accuracy.
• Method alignment: Ensure the narrative matches the method’s requirements.
• Time precision: Enter the exact service date and time.
• Due diligence detail: List attempts chronologically with observations.
• Mailing entries: Enter mailing date(s), address(es), and mail type accurately.
• Fee/mileage entries: State amounts, method of payment, and timing.
• Server identity/signature: Print name and address clearly; sign and date as instructed.

After signing

• Distribute: Provide the affirmation to the requesting party; keep a copy and a digital scan.
• Court readiness: Bring the original and a spare to court with your supporting materials.
• File as directed: File only if instructed or when seeking enforcement.
• Preserve records: Keep mailing receipts, payment proof, photos, and notes with the affirmation.
• Calendar: Track the return date and plan follow-up if the witness does not appear.
• Corrections: If you find an error, do not alter the signed form; prepare a corrected or supplemental affirmation.

Common Mistakes to Avoid CIV-GP-71 – Affirmation of Service of Subpoena to Testify

• Ineligible server: A party to the case or someone under 18 serves the papers. Use a neutral adult or professional.
• Missing mailing details: For substituted service or posting, omitting the mailing date/address/type can render service defective.
• No witness fee/mileage: Failing to tender the required amounts at service can defeat enforcement.
• Thin due diligence: For posting, vague statements like “multiple attempts” are insufficient; list dates, times, and observations.
• Altering after signature: Do not edit a signed affirmation. Use a corrected or supplemental affirmation instead.
• Wrong address: Serving at an address that is not a dwelling or actual place of business undermines validity; verify first.
• Unclear recipient identity: For substituted service, identify the recipient and relationship/role; if name refused, note that and describe the person.
• Illegible or incomplete entries: Unreadable handwriting or blank fields delay or defeat enforcement; write clearly and fill all applicable sections.
• Inaccurate timing: Rounding times or guessing dates harms credibility; record precise times as close to real-time as possible.
• Coming to court unprepared: Arrive without mailing proof, fee records, or attempt logs, limiting your ability to prove service.

What to Do After Filling Out the Form CIV-GP-71 – Affirmation of Service of Subpoena to Testify

1. Deliver and retain: Give the completed affirmation to the person managing the case and keep copies. Maintain a digital scan.
2. Prepare for court: Bring the original affirmation, a spare copy, the served subpoena, mailing receipts, fee proof, and attempt notes. Organize them for a quick presentation.
3. Anticipate enforcement: If nonappearance is likely or testimony is critical, assemble a concise packet—affirmation, subpoena copy, mailing proof, and due diligence summary—to support a request to enforce.
4. Correct properly: If you discover an error, do not change the signed document. Complete a corrected or supplemental affirmation that plainly states the accurate facts.
5. Manage schedule changes: If the return date changes, re-serve the updated subpoena and complete a new affirmation reflecting the new date and service details.
6. Preserve chain of custody: Keep receipts, photos, payments, and notes labeled and dated in a secure file through the case’s conclusion.
7. Follow up on attendance: Calendar the return date and confirm the witness’s appearance. If the witness does not appear, be ready to present the affirmation and supporting documents immediately.