This article explores the service of subpoena, the legal requirements for serving one, and what recipients need to do upon receiving it.
What Is a Service of Subpoena?
A subpoena is a court order requiring a person to either:
- Appear in court or at a deposition to testify
- Provide documents, records, or evidence relevant to a case
Types of Subpoenas
- Subpoena Ad Testificandum – Requires a person to appear and testify.
- Subpoena Duces Tecum – Requires the production of specific documents.
- Deposition Subpoena – Used for gathering pretrial testimony and evidence.
How Is a Subpoena Served?
1. Who Can Serve a Subpoena?
Depending on jurisdiction, subpoenas can be served by:
- Professional process servers
- Law enforcement officers
- Attorneys
- Any adult not involved in the case
2. Accepted Methods of Service
- Personal Delivery – Handing the subpoena directly to the recipient.
- Certified Mail – Sending via registered mail with proof of delivery.
- Substituted Service – Delivering to a responsible adult at the recipient’s home or workplace.
3. Proof of Service
After serving the subpoena, an affidavit of service is filed with the court, confirming that the recipient was properly notified.
What Happens If You Ignore a Subpoena?
Failure to comply with a properly served subpoena can result in:
- Contempt of Court – Possible fines or jail time.
- Monetary Sanctions – Courts may impose financial penalties.
- Adverse Legal Consequences – Ignoring a subpoena could negatively impact your case.
Conclusion
The service of subpoena is a critical legal step in ensuring access to necessary evidence. Understanding the legal requirements and responding appropriately helps copyright due process and avoid legal complications.