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How long must a subpoena be served before the court date in Alabama

Birmingham, AL |
Filed under: Litigation

I am trying to serve my ex wife and I am not sure what the time frame is before the subpoena is not valid. I was told I have to give here 30 days notice if not served prior the subpoena is not valid

Attorney Answers 1

Posted

Don't confuse a subpoena with a notice to appear for a hearing. A subpoena can order a witness to appear less than 30 days after it is served, but no matter when you serve your ex with lawsuit papers (modification, enforcement, etc.), she will have a minimum length of time after she is served to file a response with the court clerk and send you a copy of her response. You can't compel her to appear in court or otherwise respond to your complaint (lawsuit) before the deadline, and that deadline is measured from the day she is served.

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Willie Stephen Graves

Willie Stephen Graves

Posted

I neglected to mention that if you have properly requested temporary or interim relief, you can schedule a hearing on that request, and require our ex to appear at the hearing, less than 30 days from the day she is served. But you can't take a default or get a final hearing until her response time is up.

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