Rule 26.01 Misdemeanors or Felonies - Process for Witnesses

Both sides in a criminal case, the state and the defendant, have the right to get official court orders (called process) to bring witnesses to court. This means if you need someone to testify, you can ask the court to issue a subpoena that legally requires that person to show up.

This right applies whether the case involves a misdemeanor or a felony charge. It does not matter if you are the prosecutor or the defendant. Both sides get equal access to this tool to make sure the witnesses they need are present in court.

In practical terms, this rule protects your ability to present your case fully. If you have a witness whose testimony matters, you are not left hoping they show up voluntarily. You can use the court's power to compel their attendance.