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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 5904 (2026)

  Subpoena of witnesses.

✓ current as of May 2026
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§ 5904.  Subpoena of witnesses.

(a)  Method of service.--In addition to any other method of service provided by law, a subpoena may be served upon a witness in a criminal proceeding by registered or certified mail, return receipt requested, or by first class mail.

(b)  Proof of service.--A completed return receipt shall be prima facie evidence of service of the subpoena.

(c)  Duration.--A subpoena shall remain in force until the termination of the criminal proceeding.

(d)  Bench warrants.--Upon proof of service of a subpoena, the court may issue a bench warrant for any witness who fails to appear in response to a subpoena. However, such warrant cannot be issued if service has been by first class mail.

(Nov. 26, 1978, P.L.1264, No.301, eff. imd.)

 

1978 Amendment.  Act 301 added section 5904.

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1984–2021 · leading case: PA Dept. of Ed. v. R. Bagwell PSU v. R. Bagwell, 131 A.3d 638 (Pa. Commw. Ct. 2016).
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PA Dept. of Ed. v. R. Bagwell PSU v. R. Bagwell, 131 A.3d 638 (Pa. Commw. Ct. 2016). “See 42 Pa.C.S. § 5904 (codifying attorney-client privilege); Pa.”
Commonwealth v. Maguigan, 511 A.2d 1327 (Pa. 1986). · cites it 2× “2d 235 (1974); see also 42 Pa.C.S. §§ 5904(d), 5905. To exercise this latter power the court is authorized and is expected to take the measures necessary to accomplish that result.”
Hando v. Commonwealth, 478 A.2d 932 (Pa. Commw. Ct. 1984). · cites it 2× “lant argues that the common pleas judge committed reversible error when he failed to make further inquiries regarding a subpoena allegedly issued by appellant and not honored by the Horsham Police Department, However, as the Department *67 correctly notes, appellant did not…”
Commonwealth v. Gibson, 688 A.2d 1152 (Pa. 1997). “A bench warrant was not requested pursuant to 42 Pa.C.S. § 5904(d) for failure to appear in response to a subpoena.”
Com. v. Wenzel, R., 2021 Pa. Super. 44 (Pa. Super. Ct. 2021). · cites it 3× “” 42 Pa.C.S. § 5904(a). Moreover, “[a]completed return receipt shall be prima facie evidence of service of the subpoena.”
Com. v. Wenzel, R., 248 A.3d 540 (Pa. Super. Ct. 2021). · cites it 3× “” 42 Pa.C.S. § 5904(a). Moreover, “[a]completed return receipt shall be prima facie evidence of service of the subpoena.”
Com. v. Thompson, J. (Pa. Super. Ct. 2021). · cites it 2× “” 42 Pa.C.S. § 5904(d). A continuance was not needed to secure Trooper Ciatto’s presence at trial.”
Commonwealth v. Smith, B., Aplt. (Pa. 2020). “13-1(a)(1) (bench warrant may issue for failure to appear at conference or hearing in a domestic relations matter if the court finds “following a hearing on the record that the party had actual notice that the party was ordered to attend the conference and/or hearing”); see also…”
— 42 Pa. Cons. Stat. § 5904(a) — 2 cases
Com. v. Wenzel, R., 2021 Pa. Super. 44 (Pa. Super. Ct. 2021). “” 42 Pa.C.S. § 5904(a). Moreover, “[a]completed return receipt shall be prima facie evidence of service of the subpoena.”
Com. v. Wenzel, R., 248 A.3d 540 (Pa. Super. Ct. 2021). “” 42 Pa.C.S. § 5904(a). Moreover, “[a]completed return receipt shall be prima facie evidence of service of the subpoena.”
— 42 Pa. Cons. Stat. § 5904(b) — 2 cases
Com. v. Wenzel, R., 2021 Pa. Super. 44 (Pa. Super. Ct. 2021). “” 42 Pa.C.S. § 5904(a). Moreover, “[a]completed return receipt shall be prima facie evidence of service of the subpoena.”
Com. v. Wenzel, R., 248 A.3d 540 (Pa. Super. Ct. 2021). “” 42 Pa.C.S. § 5904(a). Moreover, “[a]completed return receipt shall be prima facie evidence of service of the subpoena.”
— 42 Pa. Cons. Stat. § 5904(d) — 7 cases
Commonwealth v. Maguigan, 511 A.2d 1327 (Pa. 1986). “2d 235 (1974); see also 42 Pa.C.S. §§ 5904(d), 5905. To exercise this latter power the court is authorized and is expected to take the measures necessary to accomplish that result.”
Hando v. Commonwealth, 478 A.2d 932 (Pa. Commw. Ct. 1984). “lant argues that the common pleas judge committed reversible error when he failed to make further inquiries regarding a subpoena allegedly issued by appellant and not honored by the Horsham Police Department, However, as the Department *67 correctly notes, appellant did not…”
Commonwealth v. Gibson, 688 A.2d 1152 (Pa. 1997). “A bench warrant was not requested pursuant to 42 Pa.C.S. § 5904(d) for failure to appear in response to a subpoena.”
Com. v. Wenzel, R., 2021 Pa. Super. 44 (Pa. Super. Ct. 2021). “” 42 Pa.C.S. § 5904(a). Moreover, “[a]completed return receipt shall be prima facie evidence of service of the subpoena.”
Com. v. Wenzel, R., 248 A.3d 540 (Pa. Super. Ct. 2021). “” 42 Pa.C.S. § 5904(a). Moreover, “[a]completed return receipt shall be prima facie evidence of service of the subpoena.”
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