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Can a lawyer fax a subpoena duces tecum? Does the job have to respond if sent inapproprietly?

New York, NY |

My husband filed petition for modification of child support? He lost one of his jobs and still tries to maintain 3 other jobs to support me and our children and pay his support. The defendants lawyer sent him a copy of a subpoena duces tecum that he sent to the job he used to work at to find out why he lost his job. Then he faxed a subpoena to the current job he works to find out how much he makes. Can the defedents lawyer fax a subpoena and with no cover page and no ones attention or confidentiallity? I thought that was not legal.

Attorney Answers 3


There is nothing illegal about faxing a subpoena but it is not valid service. It is up to the company whether to respond or insist upon proper service.

The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

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It's not a matter of it being "legal" or not, it's a matter of whether it's proper service - it's not. Subpoenas must be served in the same manner as a summons. Schedule a consult with a NYC Family Law attorney.

* If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

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No subpoenas cannot be faxed. They must be served in the same manner as one would serve a summons. However some companies will accept a subpoena by facsimile.

This for general information purposes only and should not be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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