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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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15y ago

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