Can I accept a subpoena for someone else?

Can I accept a subpoena for someone else?

A subpoena to a particular named person rather than the University can only be accepted by that person. However, if that same employee is subpoenaed to testify about a slip-and-fall accident that s/he witnessed on campus, s/he must be personally served.

Who approves a subpoena?

In most instances, a subpoena can be issued and signed by an attorney on behalf of a court in which the attorney is authorized to practice law. If the subpoena is for a high-level government official (such as the Governor, or agency head), then it must be signed by an administrative law judge.

Does a subpoena have to be served directly to the person?

It must be served within a “reasonable time” in order for the other person to be able to travel to the hearing (or trial). Anyone, even you, can serve your Subpoena, but this must be done IN PERSON (not by mail).

Can you subpoena a non party?

While the Federal Rules of Civil Procedure primarily focus on rights and obligations of parties, Rule 45 permits parties to serve a non-party with a subpoena for production of documents.

Can a subpoena be given to a family member?

In some cases, a prosecutor might ask a family member to testify against you. This would likely require a subpoena. That said, anyone prosecuting you could face some complications obtaining evidence from your spouse, as New York law grants special privileges to married couples in this regard.

Can a subpoena be served over the phone?

A Deputy Sheriff can in fact serve a Subpoena on you by telephone. Yes, if you do not comply, you could be held in contempt of court.

How can a subpoena be obtained without a lawyer?

In most civil cases you can. Most civil cases can be brought without a lawyer such as small claims. You can get the paperwork and issue a subpoena through the courts. You have to file the suit or counter suit and then go the the court clerks office to get a copy of what information the subpoena is required.

How do you properly serve a subpoena?

Serving the Subpoena Serve the subpoena on parties to the case, first. Find the right person to serve the subpoena on the bank. Identify the person at the bank who should receive the subpoena. Serve the subpoena through your process server. Complete and file the proof of service.

Can anyone issue a subpoena?

Lawyers who are licensed in the state usually have the power to issue a subpoena. However, individuals who are a party to a lawsuit and other individuals may also be able to issue a subpoena, depending on the rules of civil or criminal procedure in the court that has jurisdiction of the case.

When can you issue a subpoena?

A subpoena can also be issued if a party wants a person or organization to provide him or her with certain documents or physical evidence. This type of subpoena is called a subpoena duces tecum. This may be necessary when an individual wants a police department to provide a copy of a police report or other documents.