View Full Version : How does one serve a subpoena
keralyna
May 29, 2013, 11:34 AM
Custody battle. Need to subpoena two individuals who will testify on my behalf. Both need to be subpoenaed for work purposes. I am representing myself. I have the forms from the clerk filled out, but cannot locate absolute fact on how to deliver the subpoenas. Do I need to pay for a sheriff in my county to serve each of them or am I able to serve them in person or by mail?
Thank you!
K.A.
cdad
May 29, 2013, 11:41 AM
What state do you live in as service varies by where you live. Most of the time the courts want to see a third party involved when mailing (service by mail) or personal service (being handed to the actual party).
keralyna
May 29, 2013, 12:08 PM
California, county of Orange. Witnesses reside in same state, but counties of Los Angeles and San Diego. Court date is 6/4. Orange County Family Court, Orange County, Ca.
Thanks!
KA
cdad
May 29, 2013, 12:46 PM
Then I would use a third party and have them personally served as well as serve them by mail along with proof of service.
You can call process servers around you and see how much they want and be sure to get all the documentation that goes with it.
keralyna
May 29, 2013, 01:58 PM
Then I would use a third party and have them personally served as well as serve them by mail along with proof of service.
You can call process servers around you and see how much they want and be sure to get all the documentation that goes with it.
Great. Will do. Thanks much!
KA
JudyKayTee
May 29, 2013, 02:52 PM
If it's good personal service mail is not necessary - I would be very certain that the process server you select realizes this is part of a matrimonial action. I own a process service company in NY. I am wary about service which can only be made at a person's workplace and would discuss that "problem" with you. I am not saying you fit into the category, but it is not uncommon for people to want other people served wherever/whenever service will be most embarrassing. An employer or property owner can also "throw" a process server off a property - just so you know.
Does the subpoena (duces tecum?) have to be approved/signed by a Judge? Do you need/have an index number?