How to serve an inmate who is incarcerated in an out of state federal prison?

Asked over 2 years ago - Potomac, MD

Attorney is "unable to locate him"

Attorney answers (3)

  1. Mark William Oakley

    Contributor Level 18

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    Answered . It is a little more complicated than just locating the inmate. You do not state whether you are serving a subpoena for a witness to appear, or an original summons attached to a newly filed civil complaint. A Maryland subpoena has no legal effect if served outside of Maryland. You would have to file a "miscellaneous" action in the other state, attaching the Maryland subpoena or summons, and having a new one issued from that state and served in compliance with that state's laws. If you are serving a summons on original service of process of a civil complaint, then the Maryland summons can be served without filing a new action in the other state, but it must be served in accordance with the local state's service rules.

  2. William Lawrence Welch III

    Contributor Level 17

    Answered . If you cannot locate the person at bop.gov, then the person may be in protective custody. Summoning that person for trial would require a motion and persuading the court to order it.

    Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor... more
  3. Robert David Richman

    Contributor Level 17

    Answered . The Bureau of Prisons has an inmate locator service at their website so finding him is no problem. If you need a federal inmate to testify in a federal matter, your attorney needs to file a motion for a writ of habeas corpus ad testificandum--in other words an order that the BOP produce him so that he can testify. I do not know whether the BOP will also produce inmates for state court proceedings, but I assume the procedure would be the same. If you are talking about serving him with notice of a lawsuit against him, the attorney just needs to use a process server in the state where the inmate is located.

    This answer is provided for educational purposes only and is not intended as the practice of law in any... more

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