How is a subpoena properly served in an auto accident and where does one begin? 9 Answers as of June 30, 2015

How is a subpoena properly served?

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Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
If you are representing yourself, you will want to look @ the Michigan Court Rules relative to any pleadings you file or serve. You need to follow the Rules or your filings can be rejected as improper. As to a Subpoena, you would specifically want to look @ MCR 2.506. If you have counsel, they would handle all this for you.
Answer Applies to: Michigan
Replied: 6/30/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
The best way is by personal service. Do you mean summons, by any chance?
Answer Applies to: California
Replied: 6/29/2015
S. Joseph Schramm | Joseph Schramm
You obtain an subpoena from the local court house in which the automobile case has been filed. A subpoena generally is an order issued by the clerk of courts, directed to a witness, instructing them to be at a designated place (court, attorney's office) to give testimony about the case, provide documents important to the case or both. A person who is not a party or attorney to the case must serve a copy of the subpoena on the witness, usually by handing it to them (any personal contact with the subpoena will suffice - e.g. touching the person's body with it). The server then completes the back portion of the original subpoena stating when and how he or she accomplished the service. The original is returnable to the court and, in the event the subpoenaed witness fails to materialize, can be used in court to ask the judge to issue a bench warrant to arrest the witness.
Answer Applies to: Pennsylvania
Replied: 6/29/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Under Michigan law, a subpoena is typically served personally on the person, along with the statutory witness fee. It must be personally served, and the process server is an adult, and NOT a party to the action.
Answer Applies to: Michigan
Replied: 6/29/2015
Candiano Law Office
Candiano Law Office | Charles J. Candiano
It is best served by the Sheriff. Unless this is a small claims matter, if you need to issue subpoenas and you have no attorney, you are in over your head.
Answer Applies to: Illinois
Replied: 6/29/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You mention that this is an auto accident case. If you have to ask this question, that tells me that you don't have a lawyer. Big mistake. You don't know what you are doing. This is no DIY project. You probably don't even know what a subpoena is. Meanwhile, you are up against an insurance company staffed with claims professionals, lawyers, investigators, etc. Get a clue.
    Answer Applies to: New York
    Replied: 6/29/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Get with the clerk's office for proper forms. File with them and serve through the deputy sheriff, a private process server or certified mail. Good luck.
    Answer Applies to: Alabama
    Replied: 6/29/2015
    Law Offices of George H. Shers | George H. Shers
    In California, it must be personally served on the person who is the custodian of records of the documents you want, of if it is a person you want to be present to testify you have to personally serve that individual. Look up your state law codes on service to be sure you follow the rules exactly.
    Answer Applies to: California
    Replied: 6/29/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    You would truly benefit from retaining a personal injury lawyer to advise and represent you. It's almost always worth the investment. That said, anyone other then you can serve a subpoena on the witness or defendant to appear in court or at a deposition. You obtain the subpoena from the clerk of court, unless you have a lawyer. Then service is arranged through the deputy sheriff, or a process server.
    Answer Applies to: Wisconsin
    Replied: 6/29/2015
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