Can a Subpoena Be Served by Mail or Email?

Can a Subpoena Be Served by Mail or Email?

Getting served with a subpoena can be a pain – but does it have to be in person? Or can it, like, come in the mail or something? I was wondering about this the other day when my friend got a subpoena for some legal stuff he’s dealing with. Here’s what I found out:

What’s a Subpoena Anyway?

First things first – a subpoena is a court order saying you have to show up and testify or bring documents and records to court. Kinda like jury duty, except for a specific case. There’s a couple types:

• Subpoena to Testify – You gotta show up and answer questions
• Subpoena Duces Tecum – You gotta bring documents or records
• Deposition Subpoena – You gotta testify at a deposition

Serving a Subpoena

Normally to “serve” someone with a subpoena means personally handing it to them. Like they gotta get the papers directly from the server’s hand. But there’s a few other ways it can be done:

• If the person agrees in writing to accept service by mail or email
• If the court rules allow service by mail or email
• If the person acknowledges in writing they got served

There’s also timing rules, like giving extra time for mailing. And the rules depend on the state or court.

Issues with Email and Mail

While email and mail service is allowed sometimes, there’s some problems with it:

• No proof the person actually got it
• Emails go to spam or ignored
• Mail doesn’t come on time or forwarded
• Court might say it’s invalid

So even when it’s ok, serving by email or mail has more risks than in-person delivery.

Fighting Back

If you get a subpoena by email or mail, you might be able to say service was improper and get it thrown out. But if you reply confirming you got it, then you’re probably stuck.

The Bottom Line

• Personal service is usually required
• Email or mail service allowed sometimes
• Timing and proof issues with email/mail
• Can contest bad service

So in summary – you can sometimes get served a subpoena by email or mail, but it’s risky and contested. In-person service is best to make it stick.

References

[1] Subpoena Service Can Be Done Via E-Mail So Long As Service is Acknowledged

[2] Emails, Memos and Letters – Fundamentals of Business Communication

[3] Am I the only one bothered by incorrect use of English in email?

[4] Grand Jury Subpoena served via e-mail

[5] Research Methods in Human Development

[6] University e-mail can be subpoenaed