[comedianatheart]

Can an American Court sapena be served in Canada? If so how would it be done,, sent to the Canadian authorities to serve?

Also, if there is a sapena out for a person, would they be flagged if they are in Canada and go back into the US? Could they be forced to stay in the US once the sapena is served?

Thanks!

[Clough]

Please see the following site:

http://www.state.ak.us/courts/shcinternat.htm

[GaryArt]

A duly issued summons can be served anywhere. The server would have to be a person authorized to make service of pleadings from the jurisdiction involved, regardless of where it was to be served. For example, if the proceedings were in Dade County, Florida, and the rules there authorized "... any Florida law enforcement officer ... " to make service, then a Florida law enforcement officer would have to travel to the recipient's location to make service. In other words, if a person was not authorized to make service in Dade County, Florida, then he could not make service elsewhere, regardless of his status there.

You cannot be detained based upon a subpoena. However, failure to respond to a subpoena could get you either cited for contempt (and arrested for it), or cause a default judgment to be entered (you lose for not showing up). Also, under certain circumstances, a court could order you detained if it found that you were (a) a material witness and (b) your presence could not otherwise be ensured. In such a case, the court would issue a material witness warrant for your arrest.

There are also orders known as a "subpoena duces tecum" ("be here, and bring the following with you"), and a"writ of replevin" or "writ of bodily attachment" - those apply where you have something I claim is mine, and you fail to respond to a subpoena - in which case the Court can order you jailed until you produce the item, or tell where it is.