As a lawyer, serving a subpoena gives you the power to make a non-compliant person testify in court, produce documents, or give evidence relevant to your case. However, you have to follow the right procedures to effectively use your power.
As per the United States Courts, filings grew 3% in the U.S. courts of appeals. This number represents high volumes of cases in courts. With the number of cases increasing, you can also expect to see an increase in the serving of subpoenas.
Court document service comes with rules and regulations. If you want to ensure compliance, your team must follow the right legal procedures during the subpoena process.
What Is a Subpoena?
A subpoena is a legally binding court order you can use to make a person appear before a court. It is a must for the person you subpoenaed to comply. If they ignore, you can hold them in contempt of court, causing them to face fines or imprisonment.
What Are the Three Main Types of Subpoenas?
Before you send a subpoena, you must know its purpose. This process allows you to choose the right subpoena among the following types:
Witness Subpoena
A witness subpoena is an order from the court that requires a person to come before the court on the specified date to testify as a witness. You can use this subpoena to get important testimony under oath. It will help you establish the truth in your case.
Subpoena Duces Tecum
A subpoena duces tecum is an order that requires the person you subpoenaed to produce evidence at a specified time and place in a court hearing. You can use it during the pre-trial discovery process.
Deposition Subpoena
A deposition subpoena is a court document that requires a person who is a third party to offer copies of records. For example, this third party can be the bank holding the defendant's money. With this subpoena, you can also request the third party to appear at a deposition to answer questions asked by a party involved in the lawsuit.
What Are the Key Elements Found in a Subpoena?
A subpoena may help you get the upper hand in your court case. As you draft it, ensure it has the following elements:
- The name of the court issuing the subpoena
- The names of the parties involved in the case
- The given case docket number
- The name, contact details, and address of the lawyer who initiated the subpoena
- Signature of the attorney of record, judge, or authorized court clerk
If you get a subpoena, double-check the hearing date and time and make changes to your schedule to ensure you will be present in court. You must also carry the required items requested in the legal procedures subpoena, such as physical or digital documents.
What Are the Steps of Serving a Subpoena?
If you need to get a witness to testify or evidence for your case, you can get them using a subpoena. As per the Legal Information Institute, proper compliance starts with knowing Rule 45. Subpoena. Here is how to issue a subpoena the right way:
Obtain and Prepare the Subpoena
Make sure you get the correct subpoena form from the court clerk where the case is filed or online. Next, fill in the:
- Case caption
- Case number
- The name/address of the witness
After filling, get a signature or stamp from the relevant people. Lastly, make at least two copies. You'll serve one to the witness, and keep the original for the court.
Select a Server
Once your subpoena is ready, find someone who can serve it. Any person 18 years or older who is not a party to the case can serve your subpoena. If your witness is hard to find, you can use a sheriff or professional process server to get them.
For a foreign or out-of-state witness, you can enlist the help of the Serve Index California subpoena service. They'll get to the person you need, anywhere they're located.
Deliver the Subpoena
Once you find a good server, you can start the delivery process. Here are some of the subpoena delivery steps they can use:
- In-person delivery
- Via email to the last known email address
- Through certified mail via the United States Postal Service
You must serve your subpoena at least 5 days before the court date. After delivery, your server must complete a "proof of service" form, certifying how and when they delivered the document. Always have a copy of the proof of service.
Frequently Asked Questions
What If the Information Sought in a Subpoena Is Sensitive?
If you receive a subpoena that wants you to give out highly sensitive information, you can protect your interests by filing a motion for a protective order. You can use this motion to ask the court to impose conditions to protect the confidentiality of your information.
A protective order can ensure that the information you disclose is only used for litigation. It can help stop unauthorized parties from getting important information like personal data or trade secrets.
How Long Do I Have to Respond to a Subpoena?
The deadline to respond to a subpoena depends on the jurisdiction. Your served subpoena will often specify when you can appear in court or the deadline for producing the required documents. Sometimes, lawyers who issue subpoenas can be flexible with extensions as long as you communicate with them.
However, if you plan to object to the subpoena, you should act first and file a motion to quash. Delays in objecting can prejudice your legal situation, limiting your options.
What Are the Consequences of Ignoring a Grand Jury Subpoena?
The consequences of ignoring grand jury subpoenas are serious because these subpoenas involve criminal investigations. If you ignore a grand jury subpoena, you're likely to face obstruction of justice or contempt charges.
Serve Your Subpoena Effectively
If you're an attorney, serving a subpoena can help you get the testimony or evidence you need for your case. To make sure things go your way, you must be compliant while issuing your subpoenas. It makes it hard for the party you served to challenge it.
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