How do you answer to a subpoena?

Answer 1

You have to check the laws in the state where the subpoena is to be served.

Typically, you must "personally serve" a copy of the subpoena, which means delivering it directly to the person you are trying to serve.

In some states, anybody can serve a subpoena (even someone less than 18 years old). You can also hire a professional "process server" to do it. In some cases, your local sheriff's office will serve a subpoena for you.

In any case, you must prepare (or have the person who actually served the subpoena prepare) a "proof of service", which is a declaration describing when, where and how the subpoena was served. This is your proof that the subpoena has been served.

Finally, you should determine whether a witness and/or mileage fees must be delivered along with the subpoena. If a fee is needed, but not provided, that may invalidate the service.

Answer 2

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.

Answer 3

Are you sure you don't mean "file a MOTION for discovery?" A "motion" is a legal paper which is part of the pre-trial litigation process during which each party requests relevant information and documents from the other side in an attempt to "discover" pertinent facts. Generally discovery devices include depositions, interogatories, requests for admissions, document production requests and requests for inspection. Whereas a "subpoena" is a writ served on an individual to compel appearance in court to give testimony.

Answer 4

The answer to this really depends on the state you are in and the nature of the case being filed but the bottom line is that it is an individual's constitutional right to be fully informed of the actions taken against them in a court of law. Typically, individuals will hire a process server (an unrelated individual over 18) to serve the papers. In most cases, a summons and related documents must be served upon the defendant personally, or in some cases upon another person of suitable age at the defendant's house or place of business.