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Server's Corner

Servers and Subpoenas

Servers and Subpoenas

May 2017 - Roland Investigations Blog

Servers are important because they ensure that the rules of civil procedures are being followed when legal action is being taken. One of those being that whenever that there is legal action being taken against someone they must be properly notified. A deliver of legal documents is then delivered to the person that action is being taken against by a server. Depending on what legal action is being taken against them will change the notification and legal documents delivered to them. One document that can be served is a subpoena.

Subpoenas can be used in many different court cases because they are a request for either documentation or for a person to appear in court. Being served a subpoena is a court order requiring you to do something. The term subpoena means “under penalty” because when one is served a subpoena and they don’t adhere to it they then come under criminal penalties or jail time. Therefore, it is important for the court of law to be complied with and to ensure that a person gets served.

There are two variants of a subpoena. Subpoena ad testificandum is when you must testify in court or in another legal entity. Subpoena duces tecum is the second type and it is a court command for someone to either provide evidence or documentation for the court case. Any legal court case can serve a subpoena because of its nature. Most though are in common court cases such as divorces or child custody. Subpoenas ensure that the needed evidence is there to either prove someone’s innocence or guilt.

A subpoena is served in many ways. To get a subpoena though, an attorney must first request it and then a court clerk, a notary public, or a justice of the peace issues it. After this process is done, then it must be served to the appropriate person. Subpoena servers ensure that they are served either by hand deliver, email, certified mail, or hearing it read aloud. Each of these methods are suitable in following the court of law. Subpoena servers ensure that they are served in accord with the law of the state they are being served in.

Servers ensure that the person a legal action being taken against is notified. They serve many diverse types of legal documents. A common one that is sever is a subpoena because no matter what the legal action being taken against a person there is always a need for either witnesses, evidence, or documents to prove or disprove the case that was built. Here at Roland Process Service & Investigations we know the legalities that are involved in serving a subpoena. So please give us a call today if you’re in need of a professional and reliable Subpoena Server.

By James D. Roland 5-30-2017