A subpoena server delivers legal documents to individuals requiring them to perform specific court actions, such as appearing in court or surrendering property. The server must obtain proof of delivery and failure to comply can result in legal liability. Subpoenas are important for ensuring court proceedings can proceed and servers must be authorized by the court.
A subpoena server delivers a court document to a person mandated to perform some specific court action. There are several types of subpoenas. A subpoena to appear as a witness is one such type of subpoena; requires the person to whom it is issued to come to court and speak to the court. A property subpoena may also be issued, which requires the person to surrender the specified property for some reason, such as a debt on the property or suspected use of the property in the commission of a crime. It is the job of a subpoena server to issue these subpoenas to people who are asked to appear in court or to surrender property.
The subpoena server must issue the subpoena directly to the individual the court is requiring to perform the action. He must obtain a signature and/or other proof that he issued the subpoena. This is the case because due process requires sufficient notice before legal action is taken. After the subpoena server has issued the formal legal request to appear, provide property, or produce information, the person receiving the subpoena may be legally liable for failing to do what the subpoena commands. When a person is held legally responsible for failure to comply with a subpoena, the charge is usually a dismissal of the court charge; it is important that the court be able to prove that the subpoena server actually served the subpoena before a charge is made.
Subpoenas are extremely important because they allow court proceedings to proceed. Sometimes a hostile witness may not want to go to court; this could potentially impede the justice system. In addition, a person may not want to hand over goods or information unless he is required to do so, and may try to evade the court’s requests. A person hired to serve a subpoena must therefore be creative in finding the person and serving the documents.
Generally, a person serving a subpoena must be authorized by the court. Different courts have different rules for subpoena servers. In most cases, however, servants must be at least 18 years old, must have no criminal record, and must be insured within the state to do business, especially if serving subpoenas for the seizure of property.
Protect your devices with Threat Protection by NordVPN
