Serving legal documents such as subpoenas is a necessary part of the legal process, but can be an intimidating endeavor for those unfamiliar with the process. If you are unfamiliar with how to serve subpoenas duces tecum, subpoena ad testificandum, and information subpoenas in New York, this guide will help you understand the process. It covers the different types of subpoenas, who is responsible for service, how to serve the subpoenas, and other important information. With this guide, you can ensure that you understand the New York process server requirements and are able to serve subpoenas correctly and in a timely manner.
Overview of Subpoenas and Process Servers
A subpoena is a court order that compels a person to appear and give testimony as a witness, deliver documents, or both. Subpoenas are often used in civil cases, but can also be used in criminal cases. Process servers are the individuals responsible for serving subpoenas. Unlike other types of court documents, subpoenas require the assistance of a process server. The process server will deliver the subpoena to the witness and make sure that the witness appears at the correct court date. Subpoenas can be issued by any party involved in a legal action. They are typically issued when a person refuses to provide information or when a party wishes to compel a person to testify.
Types of Subpoenas
There are three main types of subpoenas. These include subpoena duces tecum, subpoena ad testificandum, and information subpoenas. Subpoena duces tecum – This is a subpoena that requires the recipient to produce documents or items. It is often used when a party wishes to obtain documents from another party in the legal action. Subpoena ad testificandum – This is a subpoena that requires the recipient to give testimony at a deposition or in court. It can also require the recipient to appear with documents or items. Information subpoena – This is a subpoena that requires the recipient to provide information in writing. It is often used when one party wishes to obtain information from someone who is not a part of the legal action.
Who is Responsible for Service?
In New York, the party who issues the subpoena is responsible for service. There are some exceptions, but for the most part, the party issuing the subpoena will be responsible for serving the subpoena. If a party does not serve the subpoena, it is unlikely that the court will enforce the subpoena. It is in the best interests of all parties involved to ensure the subpoena is served. If a party believes they are unable to serve the subpoena, they may ask the court commissioner to appoint a process server. The court commissioner will then assign the case to a registered process server.
How to Serve Subpoenas
There are two main methods for serving subpoenas – you can use a process server or you can serve them yourself. If you choose to use a process server, you will need to hire one. You can hire a local process server or hire one through a process service company. You can also decide to serve the subpoena yourself. The rules for serving subpoenas yourself vary depending on the type of subpoena. However, there are some general rules that apply to all types of subpoenas. There are also certain rules that apply only to certain types of subpoenas. Below are some general rules followed when serving subpoenas.
a. Using a Process Server
If you decide to hire a process server, you will likely have to pay a fee. The amount you pay will depend on a number of factors, including the type of subpoena, the number of attempts at service, and where the server is located. Some services may offer a flat rate, but this is rare. Below are some things to keep in mind when hiring a process server.
b. Self-Service
There are some types of subpoenas that allow for self-service. Self-service is where the person being served completes the process of service on their own. The rules for self-service vary depending on the type of subpoena. However, there are some general rules that apply to all types of subpoenas. Below are some general rules followed when serving subpoenas yourself. For subpoenas duces tecum and ad testificandum, you will need to personally deliver the subpoena to the person being served. This will include the person who is named in the subpoena as well as anyone else who may have possession of the documents being sought. You will need to provide the person being served with a copy of the subpoena and inform them of the date and time they must appear in court. For information subpoenas, you can either personally deliver the subpoena or you can provide a copy of the subpoena by mail. You will also need to provide the person being served with a copy of the information and inform them of the date and time they must provide the information to the court.
Common Challenges with Service
There are many challenges associated with serving subpoenas. The most common challenges include difficulty finding the person being served, reluctance to accept service, and no contact information. Finding the person being served can be a challenge, particularly if they are not listed in the court documents. You can use online search engines and databases to find an individual’s address. You can also try to find the person’s address through the person’s place of work or other affiliations. Reluctance to accept service is another common challenge. In New York, the person being served is not required to sign a receipt. However, there are some steps you can take to mitigate this challenge. Before attempting to serve a subpoena, you should have a conversation with the person to make sure they are aware of their obligation to appear in court. Also, make sure the person knows that receiving a subpoena is not a guarantee that they will be called as a witness. If you still have difficulty getting the person served, you can go to the court commissioner and ask that they be served by publication.
Conclusion
A subpoena is a court order that compels a person to appear and give testimony as a witness, deliver documents, or both. Subpoenas are often used in civil cases, but can also be used in criminal cases. In New York, the party who issues the subpoena is responsible for service. There are three main types of subpoenas. There are many challenges associated with serving subpoenas. However, with careful planning and diligence, you can overcome these challenges and successfully serve your subpoenas.
Helpful Resources for Process Servers and Skip Tracers in New York
Process Server One https://processserverone.com/
Phone: (855) 545-1303
Office: 57 W 57th St. 3rd FL, Manhattan, NY 10019
