Q. Should my witnesses appear?
 
A. In most traffic court cases, the court date is the day set for trial for which any witnesses must be present and ready to testify. If you have witnesses that are necessary to your defense, you should make certain they have agreed to voluntarily appear in court. If your witnesses do not agree to voluntarily appear in court, you must have them subpoenaed for the trial. You can obtain a subpoena for witness appearances from the Office of the Clerk of the Circuit Court. Do this well in advance of your trial date. Complete the subpoena form, have the subpoena served and file the subpoena along with proof of service with the court on your trial date.

However, if you have been charged with a misdemeanor traffic offense, your initial court date is not the trial date and your witnesses will normally not testify. In a misdemeanor traffic court case, the judge will schedule the trial date when you appear in court.
 

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