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A subpoena service delivers a court order to a witness, which can be done by law enforcement officials or private process servers. Failure to comply can result in penalties, and a motion to quash can be filed. A proof of service is provided after delivery.
A subpoena service is the way a subpoena, a written court order ordering a person to appear, is delivered to a witness. The summons service can be done in a variety of ways in the United States depending on the requirements of a particular court. Some jurisdictions may specify that the subpoena service be performed by a law enforcement official, such as a sheriff or police officer. Others allow those who work for private service businesses, commonly called process servers, to file subpoenas. Some courts provide that subpoenas may be served by mail or allow for acceptance by another individual, such as an attorney or insurance representative.
A subpoena is typically prepared by an attorney who represents one of the parties to the case. The subpoena is usually signed and issued by the court having jurisdiction over the matter. National and local courts all have the authority to issue subpoenas. In federal court, an attorney may also be authorized to sign and issue a subpoena if he is authorized to practice law in the court where the case is pending.
The two types of summons that require notification are the subpoena ad testificandum, which orders the appearance of the witness, and the subpoena duces tecum, which obliges the appearance as well as the production of specific documents. Law enforcement officials and process servers typically collect the summons intended for service at the requesting attorney’s office. A witness name, address, and phone number are usually provided to help them complete the service. It is the process server’s job to ascertain that they are serving the correct person and sometimes they make several attempts before successful service is achieved.
If a witness refuses to accept or attempts to avoid subpoena service, they are sometimes held in contempt of court. The same is true if they accept the service, but then refuse to appear. Individuals can face civil and criminal penalties for failing to comply with a subpoena. If a witness believes he is within his right to refuse to comply with a subpoena, you can file a motion to quash the subpoena, which if granted, would render the subpoena invalid.
After the subpoena service, the individual who provided the service usually returns to the requester a document called a proof of service. The proof of service contains the date, manner of service and the name of the person served. It is commonly signed by the person who served, and is sometimes required to be filed with the court clerk’s office. Those requesting the subpoena service will usually be required to pay a fee, which includes gas mileage, to the process server.
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