The Complete Guide to Service of Subpoena

The service of subpoena is a legal process that ensures witnesses, documents, and evidence are available for court proceedings. Whether you are serving a subpoena or receiving one, understanding how this process works is essential to complying with legal obligations.

What Is a Subpoena?


A subpoena is a court order requiring a person to:

  • Appear in court or at a deposition


  • Provide documents, records, or other evidence



Types of Subpoenas



  1. Subpoena Ad Testificandum – Requires a person to testify in court.


  2. Subpoena Duces Tecum – Requires the recipient to produce documents or evidence.



How Is a Subpoena Served?


Who Can Serve a Subpoena?


Depending on the jurisdiction, a subpoena can be served by:

  • A licensed process server


  • A law enforcement officer


  • A court-appointed representative



Methods of Serving a Subpoena



  • Personal Service – Hand-delivering the subpoena to the recipient.


  • Certified Mail – Sending the subpoena via registered mail with a return receipt.


  • Alternative Service – Delivering the subpoena to a responsible party if the recipient is unavailable.



Consequences of Ignoring a Subpoena


Failure to comply with a subpoena can lead to:

  • Contempt of court charges


  • Fines and legal penalties


  • A potential arrest warrant



Conclusion


The service of subpoena ensures that key witnesses and evidence are presented in court. Understanding how subpoenas work and responding correctly can help avoid legal trouble.

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