How Federal Subpoenas Are Served and Properly Delivered

How Federal Subpoenas Are Served and Properly Delivered

Getting served with a federal subpoena can be intimidating. But it’s important to understand how they work so you know your rights and responsibilities. This article will explain the ins and outs of federal subpoenas—how they’re issued, who can serve them, proper methods of service, and what happens if you don’t comply.

What is a Federal Subpoena?

A federal subpoena is a writ issued by a federal court, grand jury, government agency, or congressional committee to compel someone to produce documents, testify, or both. Subpoenas give the entity issuing them the legal authority to demand information relevant to an investigation or legal proceeding.

For example, federal prosecutors may subpoena financial records from a bank as part of a fraud investigation. Or a congressional committee may subpoena a tech company CEO to testify at a hearing on data privacy practices.

Who Can Issue Federal Subpoenas?

There are a few key players who can issue federal subpoenas[2]:

• Federal district courts – These subpoenas are used to obtain evidence for civil and criminal cases.
• Grand juries – Grand juries investigating federal crimes can subpoena documents and testimony from witnesses.
• Federal agencies – Agencies like the SEC, FTC, and DOJ can issue subpoenas for investigations within their jurisdiction.
• Congressional committees – Committees in the House and Senate can subpoena witnesses and records for hearings and investigations.

Attorneys can also issue subpoenas on behalf of district courts as long as they follow the proper procedures. The court clerk provides attorneys with blank subpoenas to fill out and serve as needed.

How Are Federal 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]:

1. Personal service – The subpoena is hand delivered directly to the recipient.
2. Service by mail – The subpoena is mailed to the recipient’s last known address via certified mail or registered mail.
3. Service by email – The subpoena is emailed to the recipient’s last known email address.
4. Service by publication – If the recipient cannot be located, a notice is published in a newspaper or public database stating they have been subpoenaed.

Personal service ensures the highest likelihood that the recipient gets the subpoena. But service by certified mail also provides delivery confirmation and is cheaper than hiring a process server. Email service is gaining acceptance too, as long as the email address is valid.

Who Can Serve Federal Subpoenas?

Only certain people are authorized under the law to serve federal subpoenas[4]. Typical process servers include:

• Sheriffs
• Marshals
• Lawyers
• Paralegals
• Court clerks
• Professional process servers

Servers must verify the recipient’s identity before handing over or mailing the subpoena. And they must maintain documentation like certified mail receipts or proof of email delivery.

What Are the Penalties for Ignoring a Federal Subpoena?

It’s a federal crime to ignore a properly served subpoena. Penalties include[3]:

• Fines
• Imprisonment for up to one year
• Reimbursing the court for attorney fees and costs

If the subpoena requires testimony, failure to appear may result in civil or criminal contempt of court charges. That can lead to additional fines and jail time.

However, there are certain defenses people can raise if they have a valid reason why they couldn’t comply:

• The subpoena seeks privileged information
• Complying would incriminate them
• The subpoena imposes undue burden or expense
• Bad service (they never received it)
• The subpoena was improperly issued

It’s wise to consult an attorney if you receive a federal subpoena and have concerns about complying. An attorney can review the subpoena for defects and file a motion to quash if appropriate.

Key Takeaways

Being subpoenaed can be unsettling, but knowing your rights and responsibilities makes the process less intimidating. The key things to remember are:

• Federal subpoenas are powerful investigative tools issued by courts, grand juries, agencies, and Congress.
• They must be served properly to be valid – in person, by mail, email, or publication.
• Only authorized people can serve subpoenas, like lawyers, marshals, clerks.
• There are penalties for ignoring subpoenas, but also defenses for fighting improper ones.
• Consult an attorney if you have concerns about a federal subpoena you received.

Understanding the ins and outs of federal subpoenas takes some of the mystery out of them. If you ever find yourself on the receiving end, stay calm and get professional advice. With the right help, you can properly respond and assert your rights.