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If the defendant attempts to subpoena a plaintiffs witness and that witness was out of town for the servers attempts, does the

Ramona, CA |

witness have to contact the server ? Is the server required to Hell's another person in the home that the witness needs to contact them or something of that sort ? What happens after three failed attempts due to the witness being out of town ?

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Filed under: Subpoena
Attorney answers 3


You must reattempt service until it is effectuated. The witness has no obligation to contact the server unless the witness wants to make it easy and accept service.



Thanks, but i think you misunderstood my question. I'm the plaintiff in pro per and it is my witness they have attempted to serve. He just hasn't been home. He will testify but wants to be properly served, etc.. They made three attempts while he was not home and now the defense is saying they''ll motion to exclude his testimony. I should also add they knew of this witness for several months but waited until the last possible time to subpoena him before discovery closes. Does the witness have to contact the server now to 'be served' or is the defense out of luck and/or can the defense now have my witness excluded since their service failed and was waited until the last minute to serve?

Carl H Starrett II

Carl H Starrett II


if you want the witness to testify and the witness is agreeable to testify, why not just ask him or her to cooperate? Insisting on being "properly served" doesn't help you and makes no sense.


Unlike serving a summons, and serving a subpoena must be by personal delivery on the witness. The idea is that, because, the consequence of disobedience could include jail, we can't just allow someone else to tell the witness about substituted service.


Witness isnt obligated to call server and make it easy. The witness must be served personally and the papers cant just be left with someone else at the residence. Must keep trying to serve until successful or you give up.

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