Written notice to appear in court either as a defendant or a witness.
Question: Can anyone at a residence sign a subpoena for someone else living there? I was out of town and the landlord I rent from signed a subpoena for ME. Is this legal?
Answer: For starters, nobody needs to actually sign the subpoena. It can be considered served without any signature.
The primary and preferred method of serving a subpoena is to deliver it in person to the party named on the document. It can be delivered anywhere, no signature is required, and as long as it is placed in plain view of the person named it can be considered served. For example, if i approach you with the subpeona but you don't want to take it, I can drop it at your feet and it is still considered served. Once I serve the subpoena, I file a proof of service to the court.
If you can not be located, there are a couple methods of alternate service:
1) The subpoena may be left with an adult who resides at your residence, or an adult who serves as your representative or assistant at your place of employment.
2) The subpoena may be posted on the door of your place of residence.
If either of these methods are used, they must also mail a certified mailing containing a copy to your residence. Alternate service must be indicated on the proof of service, and you are allowed extra time to respond to the complaint or subpoena.
Technically, delivering the subpoena to your landlord does not qualify as proper service of the summons. He is not your agent and he does not reside at your residence. If you wanted, you could go to court and file a motion to quash service of summons on the grounds of improper service, but this would just be a delaying tactic. At best, the judge would order them to properly serve you on the spot and order you all back on a new court date. The judge may even reject the motion since your presence at court and the fact that you have read the complaint shows that you were served even if it was improper service.
Basically, they didn't really follow the rules, but you don't win the case, get it thrown out, or get any credit for that. You were served. Your energy is better spent now on focusing on valid arguments for court.
Question: Will a subpoena affect my chances in working or getting into a good college? I'm supposed to stay away from this guy due to harassment on Facebook and his parents got mad and called my mom and the school and issued a subpoena on me, so is that like a restraining order?
Answer: was you harassing HIM, if so then this sounds like they are getting a restraining order on YOU and if this is the case then yes that will show up on a back ground check.
Question: How to do a Motion to enforce subpoena for business records? I'm in CA, and I need an example pleading on how to do a motion to enforce a subpoena for business records. CCP 1987.1.
Answer: First of all, there are several ways to enforce a civil subpoena in California and the exact procedure will vary by the type of noncompliance. Was there a flat refusal to comply? Did they assert any type of privilege? Did they produce some, but not all of the documents? Did you have the subpoena personally served?
Local court practices may impact your motion as well. Some courts might require a motion to compel. Other courts might allow you to file contempt of court charges.
Here's the bottom line: enforcing a subpoena is very case specific. If you don't have an attorney, get one.
Question: How far in advance must I receive a subpoena before the court date? Here's the story--My brother is a police officer in Arkansas, and he arrested this guy a LONG time ago. Now the guy is being charged with something in New Mexico, and the trial is August 12. My brother did not receive the subpoena until August 3. New Mexico is 1400 miles away. Also, the subpoena was left under the windshield wiper of his car, so he did not even sign for it.
Is there any law that says how long in advance a subpoena must be served to be valid? Can they really make him go to New Mexico with only 9 days notice?
Answer: Depending on what type of subpoena he got depends on the advance notice.
Arkansas rules which NM has to follow ~
Subpoena for Trial or Hearing ~ properly served with a subpoena at least two (2) days prior to the trial or hearing
Subpoena for Taking Depositions: Place of Examination ~ The witness must be properly served at least five (5) business days prior to the date of the deposition, unless the court grants leave for subpoena to be issued within that period
About the subpoena being left on the windshield. I can't find anything under both state laws saying that it can't be done that way. I know for a fact they can't do that here in TN since I'm "hiding out" from being served (only 12 days left lol ) (Edited to add~ Unless I refuse to touch it then they can just drop it on the floor.) I can't even answer the phone because they can serve me that way lol.
Your brother has 10 days from the day he recieved his subpoena to object to it in writing. Just call the court clerks office in NM they will help him anyway they can. Also if your brother is a cop he should be able to get legal advice from his dept.
sorry so late but I couldn't get signed up.....Hope things work out
Question: How hard would it be to get a subpoena for my text messages? I don't really have any legal ground.? My daughter has been talking to/flirting with a 32 year old man an she is only 19. She says nothing has happened, but I want to know for sure. My cell phone company won't give up the records without a subpoena. Could I get one even though I am not suing or no crime has been committed?
Answer: It would be impossible for you to get them. A court must have a reason to give them to you.
On another note, she's 19. Let her make her own mistakes.
Question: California legal question -- What are your options when you receive a Civil Subpoena? My son witnessed a fatal car accident two years ago. Last year he was subpoenaed & gave a deposition while being self employed. A couple of months ago he accepted a position with a company that is very busy and he has difficulty getting time off work. Last evening he was served a civil subpoena to show-up in court in a couple of weeks, in another city as a witness to the accident. He does not want to ask his employer for time off. Does he have any legal options other than showing up in court as a witness?
Answer: Everybody here is correct (except for the idea that he should try to quash the subpoena--it is obviously valid). He should contact the attorney who issued the subpoena and get placed "on call," so that he has to go to court only when his testimony is actually required. If the attorney will not do so, he should ask the judge if he can be placed "on call" when he first appears in court. He should also ask the attorney about "witness fees," to which he may be entitled.
HIs employer cannot terminate his employment based upon his compliance with a subpoena, though on the other hand he does not have to pay him for the time not worked, unless vacation time, etc., is used (although a good employer would pay anyway).
Question: does a subpoena meant that I have to testify in a courtroom, or just be present? I was given a subpoena in regards to a case regarding a fight I witnessed 3 months ago, and it is my first time ever having this happen to me, the other witness who was with me, a friend of mine said that they may not even allow eeither one of us to testify. It is before a Jury Trial, so I was just wondering what the subpoena would entail.
Answer: It is an order from a court for a person to appear at a trial under punishment for failure to appear. If the person given a subpoena does not appear, some courts have the discretion to find the person in contempt of court and either order the personâ€™s arrest or issue fines accordingly.
The term subpoena is primarily used in US courts. The preferred term in the UK is now Witness Summons, at least in civil trials. In either country, the subpoena is usually written by the court clerk after he or she has been given a list of witnesses for a trial. The court clerk then writes out, usually in a form letter, a request for the witnessâ€™ presence at a specific date and time for testimony.
When the testimony has lagged or the trial has been delayed, those receiving a subpoena still must appear at the specified date and time. The witness may then be given another date and time to appear, or may have to wait several hours or days to deliver testimony. If one has a time conflict of a serious nature, contacting the court or the attorneys may help change the subpoena date to a better time. In some cases, testimony has been given over long distances, or has taken place in locations other than the court, such as hospitals. In these cases, both the defense and prosecuting lawyer must be present so that fair examination and cross-examination can both take place.
When a subpoena is issued, it is usually the responsibility of the attorney to deliver it. In criminal cases for example, the defense lawyer will deliver subpoenas to any witnesses who might help prove innocence. The prosecuting attorney will deliver subpoenas to those who can help prove the guilt of the accused.
Hope this helped.
Question: Can you be arrested for failure to appear if you never recieved a subpoena? If someone is issued a subpoena (to appear in court as a witness to a car accident) but they've moved and never recieved or signed it, and the court date has passed, can they still be arrested for failure to appear. I thought no because they didn't sign or recieve the subpoena.
Answer: If you did not have a subpoena then you were not served so no.
Question: I just received a subpoena for deposition regarding my business partner's divorce. How can I get out of this? My former business partner is going through a divorce and I just received a subpoena for deposition that requires me to submit various documents regarding our business transactions (contracts, promissory notes, etc.). I'm not really interested in participating in this case. What are my options? (Note: I no longer have any business dealings with my former business partner). Should I hire an attorney?
Answer: The only reason you should hire an attorney is if you had a shady business and knew about it. Yes, you have a choice. Option 1 - go to the deposition or Option 2 - possibly go to jail.
Question: Does a subpoena have to be handed directly to the person being subpoenaed? I think i might be subpoenaed to court soon but what if this subpoena is delivered to an address that i no longer live at? Like how would i know i even got the subpoena if it was not handed to me directly or at least delivered to an address that they knew i lived at for sure?
Answer: It depends on the laws of the state. In most states, service can be completed by giving the subpoena to any adult who lives in the same house as the named individual.
Question: What EXACTLY is the difference between a Summons & a Promise to Appear in Court? PLEASE READ: What's the difference between a Summons & a Promise to Appear in Court, could someone explain in ordinary english please??? So that an average person can understand.
Answer: summons is you were called, promise is what you do by yourself
Question: Will a county sheriff serve me a summons for a civil suit filed by a collection agency? Will a county sheriff serve me a summons for a civil suit filed by a collection agency? I thought they could only serve criminal warrants?
Answer: They certainly may. Sheriff's do a variety of things including sometimes civil paper service. Some will serve any type of paperwork, for a fee. We have 2 officers that is all they do is serve civil paperwork that attorneys, companies, or even private citizens send to be served. I only deal with the criminal side of things but I know that others serve divorce paperwork, civil law suit summonses, eviction notices, etc.
Question: How do I find out about a summons to court in Koh Samui, Thailand? A friend of mine has summoned her ex partner to court regarding some property issues. He, however, is saying that he has not received the summons, and that the lawyer she is using is just trying to rip her off. Is there any way one can find out, from the courts themselves, whether this summons has been issued or not. The court date is the 3rd of Dec. as she has been told by the lawyer, and she is making a special trip to be there, all this on borrowed money.
Answer: You have to know that the summon will not be sent by mailing. The court will use the officer keep and send to you hand by hand. If the address of your resident given or used to live show on the summon , the summon will go there. If the officer could not find you, the summon will be notice on the house and could not moved.
In this situation, you can check the summon sending history from court or try to ask the house keeper of your resident in Thailand.
Question: When is summons considered served? Certified to my office that I visit infrequently and live in other county.? Certified letter delivered to my office (big organization, 1,000's of employees), mailroom clerk signs for letter. I live in another county, work in a satellite office and have the letter sent to me months after it was signed for. I list the main address on correspondances but don't go there. Now I've missed court date. Is that a legal summons?
Answer: Depends on why you were summonsed to start with. If it related to a business matter, and that main address is listed with the secretary of state, then yes, it was legal.
Question: What other ways can you pay for a summons ? I don't feel like going all the way there so I heard you can pay online ? Is that true? If so how and where? and by the way its a summons for being at the park after closing if it makes any difference?
Answer: A summons is an order to appear. Not an order to pay anything, but to appear.
Question: When will you receive a summons if caught for shoplifting? If you were caught for shoplifting and was stopped by the manager at the store and the police were called and took your info but did not arrest you or give you a ticket on the spot, how long do they have to file a case or send you a summons? It's been 3 weeks and still haven't received anything in the mail. The cop said they would mail the summons and you would have to pay a fine or probation for first time offense for petty theft for under $100 worth of merchandise.
Answer: The statute of limitations would allow them to file charges up to three years later, but usually you should receive the summons within a month to 6 weeks.
Question: How do i file a written response for a summons in FL? can it be hand written? I was served a summons from american express for a business account i was under as an additional cardholder. I was not the primary cardholder. I don't know what to do. Please help.
Answer: If you do not file an answer in court by the deadline, american express can get a default judgment against you. This means they can get the court to enter a judgment against just because you did not respond or try to defend yourself. Once they have a judgment against you, they can try to execute on the judgment or enforce that judgment by placing a lien against your real or personal property (which can end up with the State or Sherrif selling your stuff) or by garnishing your wages.
You need to file an answer and tell the court what your defense is. I would recommend getting an attorney, but if that is completely out of the question, you need to submitt something (it should be typed) to the court, admitting any of the facts that are correct in the lawsuit and denying anything that is incorrect and stating the basis of your defense. Some courts have sample pleadings or forms on their website.
If you are an additional cardholder or if you signed the american express cardholder agreement, you could be responsible for the charges, you really should meet with an attorney.
Question: What happens if you get a summons for wreckless driving but no ticket in VA? My friend was driving my car and was going 81 on a 55. And the cop didn't give her a ticket but a up front summons to go to court for WRECKLESS driving?? She has always had a clean driving record before this and the cop had said he would have been fine if she was going 78 instead of 81. But since she was going 81 he gave her a summons. What do you think could happen?!?!
Answer: Well since I'm guessing your talking about a summons to appear in court, then she will have to go appear in that states court or like any other case be charged with failure to appear in court and possibly picked up and transferred to the state where she got the ticket until her new court date. I am kind of surprised they just didn't giver her a ticket though, that way she could have just paid it over the phone and they wouldn't be tying up a court room for something like this. Best advice I can give you is to get her to call the number on the summons and talk to someone there and explain the situation and see what they say. Good luck
Question: When was the last time you received a Jury Summons? I received a Jury Summons in the mail today. This sucks I cannot afford to miss work for any reason. When I call the day before hopefully, I will not have to report.
Answer: Last time was a call to federal jury duty. And I got picked! It was interesting to say the least. If you have to go tell the judge about missing work.
Question: What to do about Summons for Failure to provide proof of insurance? I contacted the prosecuting attorney's office when I got the ticket, and they told me that they would dismiss the charge if I faxed them the proof -- which I did. They couldn't find the ticket for it, said it hadn't come in yet, and they would call if there was a problem.
Well, they didn't call, and today I got a summons! Now I'm worried - what should I do?
Answer: If you kept the proof of your fax and have the proof of insurance, just show up. they'll look at both documents and dismiss the case.
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