Last night a pro se defendant in a civil lawsuit came to my house & had a friend serve me with a Subpoena. ( He left it with my husband). I am a non party to a civil suit. The subpoena has no court clerk signature, stamp, witness fee etc on it. I looked at the court website for this county & the form online was not part of what I was presented. The pro se defendant wants a list of documents. Is this even legal? I thought only the court or a lawyer can issue a subpoena. Help
Under Civ.R. 45, only the clerk of court or an attorney on the case can issue a valid subpoena. Without looking at the document itself, it's impossible to say for sure that it was not issued properly, but if you are correct that it was not issued by the court or an attorney, it is not valid. Service is another issue. Under the same rule, "A subpoena may be served by a sheriff, bailiff, coroner, clerk of court, constable, or a deputy of any, by an attorney at law, or by any other person designated by order of court who is not a party and is not less than eighteen years of age." You could perhaps call the clerk of court to verify that it was not court issued.
You are correct. It’s like here that’s questionable. And only a lawyer for the clerk initial subpoena and even the request is not clear
It sounds like you have described a fake subpoena. Show it to a lawyer for confirmation of your suspicions. I concur with my colleagues on this question.
I think you were too---or if not fake, a subpoena the pro se litigant screwed up (downloaded from the internet and "served"). Take it to a lawyer BEFORE the purported date of appearance so you understand what it really is.
NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE CREATED. FOR INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY ON THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline