How Federal Subpoenas Are Served and Properly Delivered

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Last Updated on: 2nd October 2023, 05:52 pm

How Federal Subpoenas Are Served and Properly Delivered

Getting served with a subpoena can be a stressful and confusing experience. Subpoenas are legal orders to provide testimony or documents for a court case or investigation. Knowing how federal subpoenas work can help you understand your rights and responsibilities if you ever get served.

What is a Subpoena?

A subpoena is a writ or legal document issued by a court ordering a person to testify as a witness or produce evidence for a case. There are two main types of federal subpoenas:

• Subpoena to Testify – Requires you to appear and give testimony at a trial, hearing, or deposition.
• Subpoena Duces Tecum – Requires you to produce documents, records, or other evidence.

Subpoenas are covered under Rule 45 of the Federal Rules of Civil Procedure. They can be issued both in civil and criminal cases in federal court. Attorneys, parties to a case, and clerks of court can issue subpoenas.

Who Can Be Subpoenaed?

Anyone can be subpoenaed as a witness in a federal case, even if they are not personally involved in the case. Common examples include:

• Eyewitnesses
• Experts
• Law enforcement officers
• Doctors
• Bankers
• Employers
• Friends and family

You do not have to be a U.S. citizen to be subpoenaed. The court can order anyone on U.S. soil to comply, citizen or not. That includes tourists, immigrants, and exchange students.

How Are Subpoenas Served?

For a subpoena to be valid, it must be properly served to the recipient. There are four main ways federal subpoenas can be served:

1. Personal service – The subpoena is physically handed to the recipient in person.
2. Service at home – The subpoena is left with a competent adult at the recipient’s home.
3. Certified mail – The subpoena is mailed via certified mail with return receipt requested.
4. Electronic service – The subpoena is emailed to the recipient’s last known email address.

Personal service is the preferred method. But any of these service methods are valid as long as the recipient gets adequate notice of the subpoena. Subpoenas cannot be served by just leaving them in a mailbox or taping them to a door.

Who Can Serve a Subpoena?

Federal subpoenas can be served by:

• U.S. Marshals
• Sheriffs
• Deputies
• Court clerks
• Process servers
• Attorneys
• Paralegals
• Anyone 18 or older who is not involved in the case

The server must personally deliver the subpoena to the recipient. They cannot simply mail it unless certified mail is being used. Most attorneys hire process servers to serve subpoenas for them.

What Are Your Responsibilities?

Once properly served, you must comply with the subpoena or face contempt of court charges. This may include:

• Appearing at the specified time and place to testify.
• Producing any documents, records, or materials requested.
• Providing access to inspect premises if ordered.
• Complying with any terms and conditions in the subpoena.

You may be able to get the subpoena quashed or modified if it is unreasonable or oppressive. But you must make any motions to quash before the compliance date.

Travel Expenses

If you are subpoenaed to testify more than 100 miles from your home, the party that issued the subpoena should pay your travel expenses. This includes transportation, lodging, and meals. They will also pay you $40 per day for attendance fees.

What Happens If You Don’t Comply?

Ignoring a federal subpoena can lead to civil or criminal contempt of court charges. Penalties may include:

• Fines
• Jail time
• Reimbursing the other party’s attorney fees caused by your noncompliance

In civil cases, failure to comply can also lead to liability for damages caused by your noncompliance. Criminal contempt for willfully resisting a subpoena can result in fines and up to one year in jail.

Motion to Quash

If you have valid reasons, you can file a motion to quash the subpoena. Reasons may include:

• Privilege – Such as doctor-patient confidentiality
• Undue burden – For example, extremely high costs to comply
• Unreasonable time frames
• Scope too broad
• Outside court’s jurisdiction

You must file the motion before the compliance date. Filing the motion temporarily stays the subpoena until the court rules on the motion. If the motion is denied, you will have to comply or face contempt charges.

Subpoenas for Medical Records

Medical records are private. But they can still be subpoenaed for cases. HIPAA allows disclosure of protected health information for judicial and administrative proceedings. As a patient, you should get notice of any subpoena for your medical records. This allows you to file a motion to quash if desired.

Subpoenas to Businesses

Businesses like banks, phone companies, and ISPs can be ordered to produce documents related to their customers. The business does not have to notify the customer. But the requesting party should only subpoena information relevant to the case.

Subpoenas for Journalists

Special rules apply to subpoenaing journalists. The party must show:

• The information is critical to the case
• They exhausted all other ways to get it
• There is an overriding public interest

Journalists may file a motion to quash if the subpoena lacks these elements. Confidential sources and unpublished material have strong protections.

Subpoenas to Law Enforcement

Law enforcement can be subpoenaed but may resist if it compromises an ongoing investigation. Prosecutors can request a protective order to block subpoenas that jeopardize national security.

Conclusion

Receiving a federal subpoena can be intimidating. But knowing your rights and responsibilities makes it less stressful. The most important things to remember are:

• Comply unless you get the subpoena quashed
• File any motions before the compliance date
• Get help from an attorney if needed
• Subpoenas must be properly served
• You may be entitled to reimbursement for expenses

With a better understanding of federal subpoenas, you can navigate the process smoothly. Just take care of your obligations in a timely manner or exercise your rights to object.

References

[1] Rule 45. Subpoena | Federal Rules of Civil Procedure | US Law – Law.Cornell.Edu
[2] SUBPOENAS: Method of Service: Proof of Service | Central District of California | United States Bankruptcy Court
[3] Serving a Subpoena: What Is It? And How to Serve One – Law & Order Record Retrieval
[4] [PDF] Drafting, Issuing, and Serving Subpoenas (Federal) – Weil, Gotshal & Manges LLP
[5] Does a Subpoena Have to Be Served in Person? – Federal Lawyer
[6] Notices to Attend a Hearing and Subpoenas – famlaw_selfhelp – California Courts