Saturday, October 31, 2009

Attorney's & Legal Advisors... Is it legal to use common carrier, such as Fedex to serve a subpoena?

Will the subpoenaed documents be rejected by the Courts, if they have been served by Commom Carrier. I would assume it provides the same functions that USPS does... I am really pressed for time, and I am in another state.
Answers:
If you are trying to subpoena a party from another state, you need an attorney helping you. There is a very specific and somewhat complex law dealing with serving a subpoena on a person in another state. It requires courts in both states agreeing that the witness is needed in your trial and that it would not be unduly burdensome on the witness to require them to testify in your case.
Bottom line, you can send a subpoena by common carrier or USPS, but such a subpoena will not be enforceable.
I don't think so. they should except it.
no... you can't use a common carrier. You have to use a certified service.
Call the sherrif's office of the county where you need it served. They can tell you how to get it handled. (they'll tell you the name of one of the local "Process Servers")
I belive registered mail is the only true method of serving a legal document.

No comments:

Post a Comment

 

vc .net