Ratings. Guidance. The Right Lawyer.
Do I serve a subpoena on the person first and then file it with the court or do I file it with the court then serve the person?
San Diego, CA
Viewed 29 times.
Posted 2 months ago in Litigation
Flag as objectionable
From the information that I have gathered so far it seems that I serve a subpoena on the person first then file it with the court once I have the "Proof of Service" information filled out. Is this correct?
Answers (2)
Steven Alan Fink
This attorney is licensed in California.
Posted 2 months ago.
Flag as objectionable
Subpoenas normally do not get filed with the court unless the person served does not show up and you need to get a warrant or a contempt hearing. If it is for a deposition it has to be served on the other side.
Pamela Koslyn
This attorney is licensed in California.
Posted about 1 month ago.
Flag as objectionable
No, you don't file a subpoena with the court unless you're asking the court to enforce noncompliance, you just serve the person.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship. |
