Once a subpoena has been properly served, there are several documents that need to be filed with the court, but you don't have to worry. Most subpoena services experts also offer document filing services to help make the process easier.
Did you know that there are two different types of subpoenas? Both a subpoena ad testificandum and subpoena duces tecum can be served by a court or legal authority depending on whether they need someone to testify or produce information.
If you need to take someone to small claims courts, you need to notify the defendant of your action. Using a process serving agency means that documents will be delivered in a timely fashion, and that you have a record that the defendant was legally notified.
Under state and federal civil and criminal procedural laws, subpoenas offer attorneys a chance to obtain information to help prove or disprove their client’s case. A subpoena can be used to compel a person to testify in court or to obtain information to help settle a claim.
Since a subpoena is an actual legal court document, someone can't just whip one out on their own. Usually, an attorney requests a subpoena from the court, then the subpoena is issued by a court clerk, notary public, or a justice of the peace.
Usually, subpoenas are issued by attorneys, but there are a few cases where it's required that the subpoena is issued by a judge. For example, if it's for a high-level official (like a governor or agency head), it must be issued by an administrative law judge.
Serving a subpoena can actually be a pretty simple process, and in those cases, it can make a big difference if the person being served is treated respectfully. You can count on a process server to handle the situation professionally, and respect the person's privacy.
One of the most important parts of serving a subpoena is getting the legal proof of service. When you use a professional, experienced server, you can count on them to correctly file an Affidavit of Service to legally prove that the subpoena was served.
While you don't have to be a lawyer to use a professional server, most law firms and lawyers do use servers, and with good reason. By using a professional server, they can count on their subpoena getting served correctly and in accordance with all regulations.
When it comes to the subpoenaed request for documents or other evidence, in most cases, the documents produced need to be originals. The exception to this is if the subpoena specifically states that copies are acceptable.
Did you know that the money you put into a professional subpoena server can save you much more than it cost? Not only money, but peace of mind can be a huge benefit of having your subpoenas served professionally.
Did you know that you can fight a subpoena? If you feel that the subpoena is unfair in any way, you can object in writing. However, your objection must be filed immediately and not be left to the last minute on your court date.
Have you been frustrated in the past by a process server’s inability to find the person you need a subpoena served to? While some people may have a knack for avoiding being served, we often have a knack for finding them anyway.
As a critical part of the due process of law, all parties involved in a legal action are entitled to be notified. Process servers are important agents of the legal system, delivering documents, subpoenas, writs, and other materials.
Did you know that recipients of a subpoena have a legal right to take action to challenge the validity or scope of a subpoena? Sometimes, a recipient can persuade the court to quash the subpoena (to invalidate it) or to limit it.
Did you know that, if a subpoena is voided or not served within 45 days of the date of issuance, it needs to be returned to the issuing office with an appropriate explanation? At this point, the subpoena is destroyed, and the action logged and recorded.
Some states allow subpoenas to be served anytime, but others say you can't serve them when the person is going to or from court, while others can't be served on holidays. These can get confusing, which is why professional servers make sure they keep on top of all regulations.
If you have been subpoenaed and cannot attend due to illness, a death in the family, or any other significant reason, then you need to contact the subpoenaing lawyer as soon as you can. It is advisable to confer with your own lawyer as well, who can advise you further on your rights and responsibilities.
In a lawsuit, a subpoena can normally be issued under the rules of procedure that govern that lawsuit, whether it is a civil lawsuit or a criminal prosecution. Sometimes, a subpoena can be issued under the rules of a lawsuit in small claims court or a self-filed divorce.
While many subpoenas can be served without problems, there's always the possibility that situations could become heated, especially if the subpoena is served by a friend of yours. Using a professional server can actually help your friends from being hurt or injured.
Sadly, there are plenty of times when it can be hard to locate someone, especially when you're dealing with legal matters. Fortunately, experienced subpoena servers know how to track down hard-to-find people, and make sure the subpoenas reach them.
Did you know that properly serving a “Notice to Quit” may save you from having to go further than that to get rid of a tenant? Most tenants will take a formally served notice more seriously than something you might give them yourself.
