Subpoenas are an important part of legal proceedings in Alabama, as they are used to compel a witness to testify or provide evidence in court. Serving a subpoena can be a tricky process, especially when the witness is evasive or hard to track down. This guide will provide a comprehensive overview of serving a subpoena in Alabama, including the legal requirements and best practices for tracking and serving an evasive witness. It will also discuss the penalties for failing to serve a subpoena, and how to avoid such a situation. By the end of this guide, you will have a comprehensive understanding of the process of serving subpoenas in Alabama.
Overview of Subpoenas in Alabama
A subpoena is a document used to compel a witness to appear in court or to produce evidence. There are two types of subpoenas: subpoenas ad testificandum and subpoenas duces tecum. A subpoena ad testificandum is used to compel a witness to testify, while a subpoena duces tecum is used to compel a witness to produce evidence. There is no standard form for subpoena notices, but they must include the issuing court, the title and case number, the name of the witness, the witness’s address, and the date and time the witness is required to appear in court. A witness may be able to evade a subpoena if they do not know it has been issued. To prevent this, it is necessary to track down the witness and inform them of the subpoena.
The Process of Serving a Subpoena
In many cases, a subpoena will be issued as part of a civil lawsuit, while a subpoena duces tecum is more likely to be issued as part of a criminal investigation. In general, the process of serving a subpoena will depend on the circumstances of the case. In civil cases, the plaintiff will usually serve the subpoena, while in criminal cases the subpoena will usually be served by law enforcement. Once a subpoena has been issued, the recipient must be served with a copy of the subpoena within the required time frame. Failure to serve the subpoena on the intended recipient may result in penalties, so it is important to do this correctly.
Preparing for the Subpoena Service
Before attempting to serve a subpoena, it is important to verify that the recipient is the correct person. It may be possible to determine this by reviewing court records or legal documents. If this is not possible, it may be necessary to conduct a search for the witness. Before attempting to serve a subpoena, it is a good idea to research the best methods for tracking down the intended recipient. This may include conducting a search for the witness at the county courthouse or contacting other individuals involved with the case. It may also be helpful to conduct a search for the witness on social media sites like Facebook. It is important to be as discreet as possible while searching for the witness, and avoid sharing information that could reveal the purpose of the subpoena.
Tracking an Evasive Witness
If the witness has refused to accept the subpoena, it may be necessary to track down the witness until they are located. If the witness has moved frequently and they have refused to provide any forwarding information, they may be considered evasive. Signs that a witness is evasive include refusing to provide accurate personal information, refusing to accept a subpoena, or disappearing entirely. In such cases, it may be necessary to use more advanced techniques for tracking down the witness. In most cases, it will be necessary to obtain a court order to compel the witness to provide their current address.
Serving the Subpoena
Once the witness has been located, the next step is to serve the subpoena. In general, the witness will be served by someone with a legal authority to do so, such as a sheriff or law enforcement officer. It is also possible to serve a subpoena by mail. In such cases, the person serving the subpoena must also provide proof of service, which can be filed with the court and may be required in certain cases. There are various methods for serving a subpoena depending on the situation. In many cases, a process server may be used to deliver the subpoena in person. In certain cases, a law enforcement agency may serve the subpoena. In other cases, a sheriff or other government official may serve the subpoena.
Conclusion
Subpoenas are an important tool for collecting evidence and obtaining testimony. In general, the process of serving a subpoena will vary based on the circumstances of the case. To ensure a subpoena is served properly, it is important to track down the intended recipient and serve them with a copy of the subpoena.
Helpful Resources for Process Servers and Skip Tracers in Alabama
Domestication of Foreign Subpoenas https://domesticationofforeignsubpoenas.com/
Phone: (800) 392-1734
The Global Process Server https://www.theglobalprocessserver.com/
Phone: (877) 524-3030
Process Server One https://processserverone.com/
Phone: (855) 545-1303
Office: 1 Chase Corporate Center, Suite 400, Birmingham, AL 35244