How To Serve A Subpoena

Table of contents:

How To Serve A Subpoena
How To Serve A Subpoena

Video: How To Serve A Subpoena

Video: How To Serve A Subpoena
Video: Subpoena process explained by Attorney Steve! 2024, April
Anonim

Participants in legal proceedings may be notified by registered letter with notice, subpoena, telegram, facsimile, e-mail and SMS. It does not matter which method is chosen by the court for the notification, the main thing is that the person is summoned by the appointed time and the fact of delivery of the notification is confirmed. The delivery person must be served with a summons in accordance with the rules established by the procedural proceedings.

How to serve a subpoena
How to serve a subpoena

Instructions

Step 1

The court session is appointed in such a way that all persons participating in the process are duly notified and can prepare for the conduct of the case. Summons are sent the next day after the judge's ruling on the appointment of the case to trial.

Step 2

The judge orders the delivery of court notices and summons by mail or to a specific person. In order to implement the principle of legality, the subpoena is handed over to the citizen personally. In this case, the addressee must put a signature on the document returned to the court, for example, a mail notification or a subpoena. At the same time, the date and time of delivery of the court notice is recorded.

Step 3

If the organization is notified of the time and place of the trial or the performance of a separate procedural action, the summons is handed over to an official or an authorized person who is obliged to sign on the back of the summons or notification also indicating the date and time.

Step 4

A citizen who is absent at the time of delivery to the address of the notice can be served by an adult family member who lives with the person being summoned to the court and agreed to give him the notice. A citizen in respect of whom a claim has been filed for recognizing him as partially capable or incapacitated, the notification is delivered only to him personally.

Step 5

If the addressee is temporarily absent and close persons know the place of his departure and the date of his return, the letter carrier must reflect this information on the spine of the summons or mail notification. If a citizen does not actually live at the address indicated in the statement of claim, a notice may be sent to his place of work.

Step 6

If the trial is postponed, the judge on the spot determines the time of the next hearing on the case and announces this to the participants present with an entry in the minutes of the court session. Persons who did not appear in court may be served with a summons through a participant in the proceedings who agreed to deliver the notice. The same person is obliged to return the back of the summons with the signature of the addressee.

Step 7

If the addressee refuses to accept the summons, an appropriate mark is made on the document returned to the court by an uninterested person. Otherwise, a citizen who refused to accept the notice will be endowed with the opportunity to challenge the fact of serving the summons, citing the bad faith of the person concerned who tried to serve him the notice.

Recommended: