Rules For Serving A Subpoena

By: Undisputed Legal/Subpoena Service Department

There are three kinds of Subpoena’s,

I. SubpoenaTo Testify. (Ad Testificandum)

Requires a person to come to the Court to testify as a witness.

II. SubpoenaFor Records. (Duces Tecum)

Requires documents, papers, writing, etc. to be brought to the Court.

III. Information Subpoena.

Requires the information be provided to the person requesting it.

Methods of Service

A Subpoenato Testify or a Subpoenafor Records is generally served on an individual by a process serverpersonal (in hand) delivery. For service on an individual, under certain circumstances it may be appropriate to use an alternate method of service such as “Substituted Service” or “Conspicuous Service.”

“Substituted Service” is the personal service of the Subpoenaon someone other than the person who is being subpoenaed (the witness) at the actual place of business or place of residence of the witness. The process servermust then mail a copy of the Subpoenato the witness by first class mail to the actual place of business or place of residence of the witness. Mark the envelop “Personal and Confidential.”

“Conspicuous Service” is the service of the Subpoenaby leaving it at the residence or place of business of the witness. Prior to leaving the Subpoena, the process servermust make at least two attempts. If no one is found on either attempt, on the third try the Subpoenamay be affixed to the door with adhesive tape, and a copy must be mailed to the residence of the witness by first class mail. Mark the envelope “Personal and Confidential.”

An Information Subpoenais generally served by Certified or Registered Mail, Return Receipt Requested, or it may alternatively be served by personal delivery or by using the “Substituted Service” or “Conspicuous Service” method.

Who May Serve a Subpoena

A Process Server, or anyone NOT A PARTY to the action, who is over the age of 18, and not a Police Officer, may serve the Subpoena. 

Proof of Service

The person who serves the Subpoenato Testify or the Subpoenafor Records must fill out an Affidavit of Service and have it notarized.

Procedure

The person who is going to serve the Subpoenamust:

1) Find the person to be served.

2) Show that person the original Subpoena.

3) Give that person a copy of the Subpoena.

4) Fill out the Affidavit of Service on back of the original.

5) Retain the Affidavit of Service for further procedures if the person fails to comply with the Subpoena.

6) A copy of aSubpoenafor Records (Duces Tecum) must also be served

either ‘in hand’ or by mail on each party who has appeared in the action so that it is received by them promptly after service on the witness.

For an Information Subpoenafollow the above procedure, or

1) Place a copy of the Subpoena, together with an original and copy of the questions to be answered in an envelope addressed to the witness.

2) Include a self-addressed, stampede envelope for use by the witness return- ing the answered questions to you.

3) Mail the envelope to the witness by Certified or Registered Mail, Return Receipt Requested.

Fees for Service

When served with a Subpoena to Testify or a Subpoenafor Records, the witness must be paid a witness fee of $15.00 per day. If the witness is served outside the City of New York s/he shall also be paid 23 cents per mile to the place of attendance, from the place where s/he was served, and return.The fee must be paid a reasonable amount of time before the scheduled date. Nonpayment of the witness fee voids the duty to appear.

NOTE: A subpoenafor records must also be served on all parties to the action following CPLR § 2303.

Location

A subpoenafrom the Civil Court of the City of New York may be served only within the City of New York or in Nassau County or Westchester County, Service anywhere else may only be done if permitted by a Judge.

Restrictions

A Subpoenamay be served on a Sunday.  A City or State agency or a public library may be subpoenaed only by order of the court.

Time

Any witness must be served a “reasonable” amount of time prior to the date of appearance. It is suggested that service be at least 5 days before the date of the hearing.

A City or State agency or a public library must be served at least 24 hours prior to the time of appearance. 

For information on Serving Subpoenavisit www.undisputedlegal.com.  Open Monday – Friday 8am-8pm.  “When you want it done right the first time” contact undisputedlegal.com

LOCATING ASSETS

Information Subpoenas

The enforcement officer cannot locate the judgment debtor’s assets for you. You must provide this information to the enforcement officer.  An “information subpoena” is a legal document that directs a person, corporation or other business to answer certain questions about where the judgment debtor’s assets can be found. You may use an information subpoena to obtain information about the scope and location of the judgment debtor’s assets.

The small claims clerk will issue an information subpoena for a fee, will assist you with the preparation and use of the information subpoena, will sign the information subpoena, and also may provide a pre-printed questionnaire to include as part of the subpoena. The small claims clerk cannot, however, give you legal advice or make a specific determination whether particular assets may be taken or may be exempt. You also may purchase the necessary forms from a legal supply store or copy the necessary forms from a legal form book that may be found in any law library.

Did you know…….Scope of Subpoena………

SCOPE OF SUBPOENA

For more information on Subpoenas visit www.undisputedlegal.com Open Monday-Friday 8am.-8pm.  “When you want it done right the first time” contact undisputedlegal.com #processserver

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SUBPOENA SERVICE 

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Subpoena service is a special division within our process serving department, that exclusively deals with the service of process of Subpoena Dues Tecum, Subpoena Ad Testificandum & Information Subpoena’s. We have found due to the complexities (i.e. Civil Practice laws and rules) related to service of process of subpoenas it was necessary for this expansion which has allowed us to ensure the accuracy and efficiency of each and every service. At Undisputed Legal Inc., we employ hundreds of process servers nationwide, which allows us to provide all of our clients with local professional process servers. process servers.

For more information on Subpoena Service visit www.undisputedlegal.com or call 1.800.774.6922 Open Monday-Friday 8am.-8pm. “When you want it done right the first time” contact Undisputedlegal.com.