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Who serves the subpoena? A lawyer?

 
 
Mon 15 Apr, 2013 03:35 am
When a person receives a subpoena, who is the one to deliver it?
Can you have a lawyer sent to deliver it?
I'm not thinking of suing anyone, but I need this information for something I am writing.
 
View best answer, chosen by loveislikearose3
roger
 
  3  
Mon 15 Apr, 2013 04:07 am
@loveislikearose3,
Almost never would an expensive lawyer serve a subpoena. It would be done by a process server. I don't know their qualifications, if any.
0 Replies
 
Mame
 
  3  
Mon 15 Apr, 2013 05:28 am
Actually, it can be anyone except the parties involved. I had to serve my ex and I wasn't allowed to so I had a girlfriend serve him. Check your local laws.
0 Replies
 
farmerman
 
  2  
Mon 15 Apr, 2013 06:35 am
@loveislikearose3,
n important civil cases, sometimes a lawyer WILL serve another. Many things like "We compell you to present" or "deuces tecum materials" are often served by an attorney in public so the other side is publically made aware. It can be embarrasing but hey, its our system.

Normally subpeonas can be served by these messengers or even by registered mail.
I was served by some yokel in a pickup once for an important case between my client and several partners. It was all a bullshit game of chess among rich guys who were attempting just to **** each other over peanuts. The subpoena server actually driove into my garden when he saw me at home
0 Replies
 
jespah
 
  3  
Mon 15 Apr, 2013 08:09 am
@loveislikearose3,
It depends on the jurisdiction. There are states where licensure is required, see - http://www.serve-now.com/articles/135/process-server-license

When I was practicing in NY, either paralegals or people waiting to hear the results of the Bar exam sometimes did so, as it was something you could do readily, but generally a pro was hired and that person would serve tons every day. Getting a pro was generally better as that person knew all the correct procedures, kept appropriate records and expected to, at times, testify about such things.
0 Replies
 
Ticomaya
  Selected Answer
 
  5  
Mon 15 Apr, 2013 09:49 pm
Before I was a lawyer, I was certified to serve process. I had to be registered with the state. I had quite a few folks try and evade me trying to serve them. I have never served process as a lawyer.

A lawyer wouldn't want to serve a subpoena, because a lawyer may not be a witness in a litigation (and still be the lawyer), and sometimes the process server must testify about how service was made. That's why you hire an outside process server.

Also, when you initiate litigation, you serve a summons, not a subpoena.
0 Replies
 
loveislikearose3
 
  1  
Mon 15 Apr, 2013 11:46 pm
@loveislikearose3,
Thanks all!
Very helpful info!
0 Replies
 
modification01
 
  1  
Tue 9 Sep, 2014 04:06 am
You need outside process server.for this. Do you mean a summons here?
0 Replies
 
Ola Olson
 
  1  
Fri 12 Sep, 2014 02:13 am
@loveislikearose3,
A person who is 18 year old and not party may serve a subpoena. To Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person's attendance, tendering the fees for 1 day's attendance and the mileage allowed by law.
Ticomaya
 
  4  
Fri 12 Sep, 2014 08:47 am
@Ola Olson,
Ola Olson wrote:
A person who is 18 year old and not party may serve a subpoena.

Not necessarily. It depends on the rules for service of process in the particular jurisdiction.
0 Replies
 
 

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