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The court can issue a Subpoena at the request of the defendant, but subpoenas are actually served on somebody by law enforcement, the Sheriff, court officers, or their authorized representatives. They are not personally served by the defendant.
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In most jurisdictions anyone over the age of 18 who is not a party to the case may serve a subpoena. The authority to serve a subpoena is not restricted to law enforcement officers or court officials. Thus, in some states a defendant may serve a subpoena but in most jurisdictions he may not.
The Federal Rule is: "Any person who is at least 18 years old and not a party may serve a subpoena."
Some representative state rules are quoted:
Hawaii: (c) Service. A subpoena may be served at any place within the State. A subpoena may be served: (1) anywhere in the State by the sheriff or deputy sheriff or by any other person who is not a party and is not less than 18 years of age; ..."
Massachusetts: "(c) Service. A subpoena may be served by any person who is not a party and is not less than 18 years of age."
Utah: "(b)(1) A subpoena may be served by any person who is at least 18 years of age and not a party to the case."
On the other hand, New Jersey permits a party to serve a subpoena. Its rule is: "1:9-3. Service A subpoena may be served by any person 18 or more years of age."
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Can you subpoena information without the assistance of a lawyer?
can you subpoena information witout the assistance a lawyer
Who can serve a subpoena in California?
Any adult can serve a subpoena. They have to attest to the service.
Can a party serve a subpoena on the opposing party's lawyer?
Only the court, or an authorized court official, has the pwoer to issue and/or serve subpoenas. As a party to a case you can request that a subpoena be issued, but if it is in reference to the case at issue, it is HIGHLY unlikely the court will do so.
Is the following sentence grammatically correct - Can you have the sheriff effect service of the subpoena?
The sentence is not grammatically correct. It should be written as "Can you have the sheriff serve the subpoena?"
Is a lawyer needed to submit a subpoena?
no
Can they give you a subpoena on a Saturday?
Yes, they can serve you a subpoena on weekends.
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where do I serve a subpoena morgan stanley smith barney
How do you supenia a contract?
In order to subpoena a contract you need to have a lawyer. The lawyer will then have the judge sign off on the subpoena, requiring the use of the contract for a case.
Do they have to serve another subpoena when they refile a case that was dismissed?
summons or subpoena, yes
Where do you serve a records subpoena to Chase Bank?
A subpoena can only come from a judge and then you use a process service to serve it. They will know where to go.
What is Virginia's law on subpoena's?
If I receive subpoena from a renter's lawyer of an existing employer, who is to pay my lost wages?
Between what hours can an officer to serve a subpoena?
A subpoena requires you to appear in court, not go to jail.
