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In-Person Service vs. Mail: Proper Methods for Serving Federal Subpoenas

In-Person Service vs. Mail: Proper Methods for Serving Federal Subpoenas

Serving a federal subpoena can be a tricky process. You need to make sure you follow all the rules and requirements, or the subpoena could get thrown out of court. Two main options for serving federal subpoenas are in-person service and service by mail. Both have their pros and cons. This article will break down when you need to serve a subpoena in-person versus when you can get away with serving it by mail.

When In-Person Service is Required

In-person service by a process server is required for subpoenas in certain situations, including:

• Criminal cases – If you are serving a subpoena for a criminal trial or hearing, personal service is usually required. The rules vary a bit by jurisdiction, but most federal courts want in-person delivery for criminal subpoenas.
• Trial subpoenas – Even in civil cases, if you are issuing a subpoena for someone to testify at a trial, deposition or hearing, you need to serve it in-person in most cases. Simply mailing it is not sufficient.
• Sensitive cases – For sensitive cases like restraining orders, contempt charges, or if the witness is likely to try to avoid service, in-person service is best to prove the subpoena was directly delivered.
• Corporate representatives – If you are subpoenaing a corporate representative to testify on behalf of a company, personal service on a registered agent or officer is required.

So when should you opt for in-person service by a process server vs. serving by mail? The types of subpoenas above need to be served in-person. For other types of civil investigatory subpoenas, you may be able to serve them by mail.

When Mail Service is Allowed

For certain types of federal subpoenas, mailing the subpoena is compliant with court rules. Cases when you can serve a federal subpoena by first-class mail include:

• Document-only subpoenas – If you only need documents and don’t require in-person testimony, many federal courts allow you to mail the subpoena to the recipient. For example, SEC or FTC investigations often involve mailed subpoenas requesting documents only.
• Out-of-district witnesses – For witnesses located more than 100 miles from the court or outside the court’s district, federal rules allow mailing the subpoena instead of personal service. For witnesses outside the U.S., mail is also allowed.
• Advance consent – Even for trial testimony, if the witness gives advance written consent to accept mail service, you can mail the subpoena instead of formal in-person delivery in most courts. Getting the witness’s advance permission is key.

While the above situations allow mail service, it’s generally advisable to give in-person service when possible to avoid any disputes over proper delivery.

How to Serve Federal Subpoenas by Mail

If you meet one of the above criteria permitting mail service, here are some tips on how to properly serve a federal subpoena by mail:

• Use first-class mail – You need to mail the subpoena via first-class mail. Sending it certified with return receipt is recommended to prove delivery.
• Mail it early – Give the recipient plenty of advance notice, at least 30 days if possible. Mail service takes longer than personal delivery.
• Follow up – Call the witness a week or so after mailing to confirm they received the subpoena and will comply.
• Bring an extra copy to the hearing – Print out an additional copy of the subpoena to bring with you to the deposition, trial or hearing in case there are any issues.

How In-Person Service Works

If you need to serve someone in-person, you will need to hire a process serving company and provide them with detailed information on the recipient. Here is an overview of how in-person service works:

• Gather recipient’s details – Supply the process server with the recipient’s full legal name, home and work addresses, phone number, photo if possible, and best times to catch them at home or work.
• Process server delivers subpoena – The process server will personally deliver the subpoena directly to the recipient. If the recipient refuses service, the server can leave the subpoena but must detail the refusal.
• Server provides affidavit of service – Once service is achieved, the process server completes and signs an affidavit describing the date, time and place of service. This proves to the court that proper personal delivery occurred.
• Payment – Expect to pay $45-$75+ for routine in-person service, depending on your metro area. Hard-to-serve recipients incur higher fees.

Though more costly than mail service, in-person delivery provides definitive evidence to the court that your witness was properly subpoenaed. For court testimony and certain other sensitive cases, it’s the safest way to go.

What Happens if You Improperly Serve a Subpoena?

If you improperly serve a federal subpoena, a few things could happen:

• Motion to quash – Your recipient could file a request with the court to invalidate or “quash” the subpoena altogether due to improper service. This forces you to start over.
• Fines or sanctions – If service errors were made intentionally or repeatedly, the court may impose fines or other sanctions. Severe violations could even be charged as contempt of court.
• Waste money re-serving – If challenged late in the game, you may need to quickly re-serve the subpoena at the last minute, costing twice the time and money.

Avoid these headaches by taking time up front to ensure you properly serve your federal subpoenas in the right manner – either with certified mail when allowed or professional in-person service for court appearances and high-importance cases. It’s well worth getting service done right the first time!I hope this overview has helped explain the difference between in-person and mail service for federal subpoenas. Let me know if you have any other questions!

Resources

When is Personal Service of Subpoenas Required in Criminal Cases – Reddit Discussion
Serving Trial Subpoenas by Mail – Avvo Q&A
Federal Rules on Service of Corporate Representatives – LawInfo Article

Images

Person Serving SubpoenaIn-person service by a process server allows for definitive proof of delivery for sensitive cases.

Videos

Here is a video further explaining requirements for serving federal subpoenas:How to Serve a Federal Subpoena – YouTube Video