How Federal Subpoenas Are Served via Certified Mail or In-Person Delivery

How Federal Subpoenas Are Served via Certified Mail or In-Person Delivery

A subpoena is a writ or court order commanding a person to appear before a court or other tribunal to give testimony or produce documents. Subpoenas are an essential tool for compelling witnesses to provide evidence in both criminal and civil federal court cases.

There are specific rules that govern how subpoenas must be properly served. In the federal court system, subpoenas can be delivered either through certified mail or personal in-person service. Understanding the proper procedures for serving federal subpoenas is important for ensuring compliance with court orders.

What is a Subpoena?

A subpoena orders someone to testify as a witness or produce physical evidence for a legal proceeding. There are two main types of subpoenas:

• A subpoena ad testificandum commands a person to appear and give oral testimony.
• A subpoena duces tecum orders someone to produce documents, recordings, or other tangible items.

Federal Rule of Civil Procedure 45 governs subpoenas in civil cases, while criminal subpoenas are issued under Rule 17 of the Federal Rules of Criminal Procedure[1]. Both types of subpoenas serve to gather evidence and compel witness participation in the legal process.

Who Can Issue a Subpoena?

Attorneys are responsible for having subpoenas issued on behalf of their cases. They submit a request to the court clerk, who then formally issues the subpoena. Each subpoena must include certain information, like the court it comes from, the case caption, and instructions for complying[1].

While attorneys obtain subpoenas, they do not have to personally serve them. Under the federal rules, any person over 18 who is not directly involved in the case can serve a subpoena[1].

Geographic Scope of Service

A federal subpoena only has legal force within the borders of the United States. However, a subpoena can compel attendance or document production anywhere in the country, no matter where it was issued[1].

If a case requires subpoenaing a U.S. citizen living abroad, the federal court must follow procedures outlined in 28 U.S.C. §1783. This often involves working with local authorities to have the subpoena served[1].

Methods of Service

Under Rule 45, federal subpoenas can be served by any means authorized under the Federal Rules of Civil Procedure. This allows for delivery either in person or by certified mail[1].

Personal Service

Having the subpoena personally delivered to the recipient by a process server is the most common method. Process servers are professionals who specialize in legal service of documents like subpoenas. They will locate the recipient and hand them the subpoena in person.

Personal service is sometimes required by court rules or if the serving party wants to ensure the highest level of proof the subpoena was received. Some judges may require a witness subpoena to be served personally to the witness’s home.

Service by Mail

Rule 45 also permits delivering subpoenas by first-class mail or through commercial delivery services like FedEx or UPS. Most often, federal subpoenas are served by mailing them certified mail, return receipt requested[2].

The return receipt provides proof of service by confirming the date the recipient accepted delivery. The green return receipt card must be signed by the person served and returned to the sender.

One potential downside to service by mail is that the recipient could refuse delivery. If the certified letter is returned as unclaimed, the serving party may need to arrange for personal service.

Duty to Avoid Imposing Undue Burden or Expense

While subpoenas are mandatory legal orders, the court rules still require avoiding undue burden or expense on the recipients. The serving party must take reasonable steps to avoid imposing excessive costs or inconvenience[1].

For example, the requesting party should limit document requests to information essential to the case. And witnesses should not be made to travel far outside their home area unless necessary.

Judges can modify or quash subpoenas that fail to meet this duty or place unreasonable demands on the recipient. Motions to quash are commonly filed by recipients who consider a subpoena overly burdensome.

Types of Subpoenas

While subpoena procedures are generally the same, there are some variations depending on the type of subpoena and legal matter involved.

Trial Subpoenas

These subpoenas compel witnesses to testify or produce documents at an upcoming trial. They are the most common subpoena type. Complying with a trial subpoena requires appearing at the court on the specified trial date.

Deposition Subpoenas

These subpoenas direct witnesses to appear and give testimony at a deposition. Depositions allow parties to question witnesses under oath before trial. They take place at a law office or other location outside court.

Grand Jury Subpoenas

Federal grand juries investigating criminal matters can issue subpoenas to gather documents or compel witnesses to testify. Recipients must appear at the federal courthouse for the grand jury proceeding.

Congressional Subpoenas

Legislative bodies like the House or Senate sometimes subpoena documents or testimony for committee investigations. These subpoenas are served by a representative of the issuing congressional committee.

Consequences of Failure to Comply

Ignoring a federal subpoena can lead to serious consequences. Failure to comply may result in being held in contempt of court, which can incur fines or even jail time[3].

If a subpoena recipient refuses to comply, the serving party can file a motion for an order to show cause why the person should not be held in contempt. The judge may issue a contempt finding if the recipient cannot provide adequate justification.

In civil cases, contempt sanctions aim to compel compliance with the subpoena. Criminal contempt seeks to punish intentional defiance of a court order. Fines or detention may be imposed until the non-compliant party agrees to comply.

Motion to Quash a Subpoena

When served with a subpoena, the recipient can challenge it by filing a motion to quash or modify the subpoena in federal court. This requests that the judge cancel or change the subpoena if it makes unreasonable demands.

Grounds for quashing a subpoena may include that it requires disclosing privileged information, imposes undue burden or expense, or demands materials not relevant to the case. The judge will review the motion to determine if the challenges have merit.

If the reasons are valid, the judge may quash the subpoena or order modifications to address the concerns. For example, the court could limit the scope of document production or require the subpoenaing party to cover the recipient’s costs.

Subpoena Service Procedure

While details vary, below are the typical steps for serving federal subpoenas:

1. Attorney files a subpoena request with the court clerk
2. Clerk issues the subpoena on behalf of the court
3. Attorney or process server delivers the subpoena to the recipient
4. Subpoena may be served personally or by certified mail
5. Proof of service is filed with the court by the process server or based on the return receipt
6. Recipient must comply or challenge the subpoena by the deadline

Following proper service procedures ensures subpoenas have legal force and require compliance. Understanding these technical rules is key for attorneys issuing subpoenas in federal court.

Conclusion

Subpoenas provide a critical mechanism for gathering evidence in federal litigation and investigations. However, specific protocols must be followed for serving subpoenas. In federal court, acceptable means of service include personal delivery by a process server or mailing the subpoena certified mail.

Proper service provides proof that the recipient was notified and the subpoena is legally binding. Subpoenas should not make unreasonable demands, as recipients can file motions to quash. Failure to comply with a federal subpoena can result in civil or criminal contempt sanctions. Understanding how to properly serve and respond to subpoenas is essential for navigating federal legal matters.

References

[1] https://www.law.cornell.edu/rules/frcp/rule_45
[2] https://federal-lawyer.com/does-a-subpoena-have-to-be-served-in-person/amp/