What is the difference between a subpoena and request?
A subpoena is an order with the force of law behind it. A request is just that, you are ask if you will do something.
Typically subpoenas are issued during the discovery phase of a lawsuit. You or your lawyer will send the request for a subpoena to the court and if the request is granted, they will send it the person it is directed towards. You can subpoena people as witness or subpoena just evidence. The attached link explains more about the process.
A process server is the person that is actually physically required to hunt down a person and serve them a subpoena. That person must sign the document to show that they are 100 percent aware of the request for evidence or for the request to appear as a witness. But before this process happens, the side wishing to order a subpoena must file a request with the court.
No, they cannot. A subpoena is a legal request from law enforcement authorities which has to be obliged by all people to whom it is served. In this case, a bank has to oblige and share the savings account records of the customer who is mentioned in the subpoena. However, without a subpoena, the bank cannot and will not share customer details with others.
The term is "Quash". It means to render null and void, exclude or to cancel. A motion to quash a subpoena, for example, is a request that the court cancel a subpoena that has been issued to a witness. Similarly, a motion to quash a confession would request that a Judge rule that a person's confession may not be presented in court.
If you are already involved in a personal injury civil case and want to subpoena records or witnesses, you-or your attorney-will need to file a request for the subpoena with the court, if the request is granted, then a process server will deliver the documents-they must be signed in order to ensure that the person who was served actually saw the papers. Once this happens, that person is legally bound to either give over the…