How is a subpoena properly served in an auto accident? 19 Answers as of January 11, 2012

How is a subpoena properly served?

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Andrew T. Velonis, P.C.
Andrew T. Velonis, P.C. | Andrew Velonis
They hand it to you with a witness fee check. If it's a corporation, the person served has to be an officer, director, manager or person authorized to receive service. If it's a municipality or government agency, it needs to be signed by a judge and served on a person authorized to receive service.
Answer Applies to: New York
Replied: 1/11/2012
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
Depends. A judge or clerk of court may issue subpoena, serve it thru the sheriff. Ditto an attorney. Service used to be personal service but he statute lets service be by phone (sheriff) or by mail.
Answer Applies to: North Carolina
Replied: 1/9/2012
R. D. Kelly Law Firm, P.L.L.C.
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
Subpoenas are properly served according to CR 45 (you can read the rule on the Washington Courts website: http://www.courts.wa.gov/court_rules/?fa=court_rules.list&group=sup&set=CR
Answer Applies to: Washington
Replied: 1/9/2012
David F. Stoddard
David F. Stoddard | David F. Stoddard
A subpoena is properly served by having someone deliver it to the witness in person (ie. Hand it to the witness, even if the witness refuses to accept it, the witness is served), by leaving it with an individual "of age and discretion" (someone who is not a minor) at the witness's residence who also resides in the residence, or by certified mail, delivery restricted to the witness. If it is sent certified mail, it is not served unless the witness signs for it. It should also have a check for $25.00 attached.
Answer Applies to: South Carolina
Replied: 1/9/2012
Bernard Huff, Attorney/Mediator
Bernard Huff, Attorney/Mediator | Bernard Huff
You should check with the attorney or the Court which is issuing the sobpoena in the personal injury case.
Answer Applies to: Indiana
Replied: 1/9/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    The rules for proper service of a subpoena are not as strict as when a lawsuit is commenced. Personal delivery or nail and mail is all fine.
    Answer Applies to: New York
    Replied: 1/9/2012
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    Assuming you are referring to a subpoena in a civil case (i.e. lawsuit by one person involved in a car accident against the other) the answer depends on a couple of items, which are not provided in your Question. These include whether it is: (1) for a deposition or trial; and (2) where the witness is in relation to the place of the deposition or trial. Generally, a subpoena may be served: (1) personally or (2) by mailing a copy thereof by either registered or certified mail not less than six days before the trial day of the cause upon which said witness is required to attend. This is directly from Nebraska Revised Statute 25-1226. Where the person resides also is relevant to whether a person can be subpoenaed to appear at a certain location. The law is: Witnesses in civil cases cannot be compelled to attend a trial out of the state where they are served or at a distance of more than one hundred miles from the place of their residence or from the place where they are served with a subpoena, unless within the same county. Witnesses in civil cases shall not be obliged to attend a deposition outside the county of their residence or outside the county where the subpoena is served. For a deposition, a person may be subpoenaed and required to appear as long as the deposition is taken within their county of residence. For example, if the case is filed in Lincoln but the witness lives in Kearney, the witness could be subpoenaed for his or her deposition (and required to appear) as long as the deposition is taken within Buffalo County (Kearney is located in Buffalo County). A judge may, under certain circumstances and conditions, order a person to appear despite this residency or location rule. Subpoenaed witnesses may be entitled to their associated travel expenses under certain circumstances. DISCLAIMER: This response is based on the limited information provided, makes certain assumptions, and assumes that all events took place in Nebraska. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor is it a solicitation to offer legal advice. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction before taking any action that may affect your rights. If you believe you have a claim, you should consult an attorney immediately, otherwise there is a risk that the time allotted to bring your claim may expire.
    Answer Applies to: Nebraska
    Replied: 1/9/2012
    EJ Leizerman & Associates | Michael Leizerman
    A subpoena can be signed an attorney or the clerk of court and must include information required by Ohio Rule of Civil Procedure 45, including the specific time and place. A subpoena can require to testimony of a person, documents, testing or entry onto land. A subpoena can be served by a sheriff, attorney or somebody appointed process server by the court. A subpoena can be handed to a person, read to them in person, left at the residence or sent certified mail. A fee for attendance and mileage should be included.
    Answer Applies to: Ohio
    Replied: 1/9/2012
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    It usually is handed to the person being subpoenaed. However there are other means such as certified mail that are also used. Serving the attorney for the proposed witness is another method.
    Answer Applies to: Georgia
    Replied: 1/9/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    *Personal* delivery upon the person or entity of a properly prepared subpoena.
    Answer Applies to: California
    Replied: 1/9/2012
    Holzer Edwards
    Holzer Edwards | Kurt Holzer
    By having a person not a party to the case hand it to the individual.
    Answer Applies to: Idaho
    Replied: 1/9/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    If it is for testimony it must be placed in the hand or given to a proper representative of the deponent. If you are referring to a summons and complaint which starts the law suit it need only be left at the abode of the person being sued i.e. screen door mailbox etc.
    Answer Applies to: Connecticut
    Replied: 1/9/2012
    Ford, Howard & Cornett, P.C. | Bradley Cornett
    Do an online search (i.e., Google) for Alabama Rule of Civil Procedure 45(b)(1) to find the full text of the applicable rule. In a nutshell, a subpoena must be delivered directly to the individual to be served or by leaving the subpoena with some person of suitable age and discretion residing at the residence of the person to be served.
    Answer Applies to: Alabama
    Replied: 1/9/2012
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Just like Prof. Douglas Branson used to say: "Did you check the rules of procedure?" Read the court rules then hire a process server.
    Answer Applies to: Montana
    Replied: 1/9/2012
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Depends on who is being subpoenaed. But whether it's a person or a business (for records) it must be served personally.
    Answer Applies to: California
    Replied: 1/9/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    Have someone 18 years of age or older hand it to the person. They then fill out an Affidavit of Service. Good luck.
    Answer Applies to: New York
    Replied: 1/9/2012
    Law Offices of Andrew J Spinnell, LLC
    Law Offices of Andrew J Spinnell, LLC | Andrew J Spinnell
    A subpoena must be served personally by a person over 18 years of age not a party, usually by a professional process server, with the statutory fee.
    Answer Applies to: New York
    Replied: 1/9/2012
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