Criminal Defense Lawyers

How Are Subpoenas Served?

What is a Subpoena?

A subpoena is a legal document issued by a court or other government entity, requiring an individual or organization to appear and provide testimony or produce documents or other evidence. , there are two main types of subpoenas:

• A subpoena that requires you to testify, often called a “subpoena ad testificandum.”
• A subpoena that requires you to bring documents or other evidence, known as a “subpoena duces tecum.”1

Receiving a subpoena can be stressful and confusing, but, it’s important to understand your rights and obligations.

How Are Subpoenas Served?

Subpoenas must be properly served, meaning delivered to the recipient in a legally valid way. The most common methods of service are:

Personal Service

An officer of the court, such as a sheriff or process server, hand-delivers the subpoena directly to the person named in the document. , this is considered the most reliable method of service.

Substitute Service

If personal service isn’t possible after diligent attempts, the subpoena may be left at the recipient’s residence or place of business with someone of suitable age and discretion who resides or works there.

Service by Mail

In some jurisdictions, subpoenas can be served by certified mail, return receipt requested. , the signed return receipt serves as proof of delivery.

Service by Publication

In rare cases where other methods aren’t feasible, a court may allow service by publication, meaning the subpoena is published in a newspaper of general circulation in the area where the recipient is believed to reside. It’s crucial to carefully review the subpoena and any accompanying documents to understand the specific requirements for compliance, including the date, time, and location for appearing or producing materials.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

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Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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What If I Receive a Subpoena?

If you receive a subpoena, don’t ignore it. , failing to comply can result in civil or criminal penalties for contempt of court. , here are some steps to consider:

1. Carefully review the subpoena: Understand what is being requested, the deadlines, and any specific instructions.
2. Seek legal counsel: An experienced attorney can advise you on your rights and obligations, and potentially challenge or modify the subpoena if appropriate.
3. Gather the requested materials: If the subpoena requires you to produce documents or other evidence, begin collecting the requested items.
4. Comply or seek a modification: Either appear or provide the requested materials as required, or work with your attorney to request a modification or postponement if necessary.
5. Preserve evidence: Do not destroy or alter any potentially relevant documents or materials, as this could lead to serious legal consequences.

Remember, a subpoena is a legally binding order, and failure to comply can have severe consequences. , seeking prompt legal advice is highly recommended, especially if you have concerns about the subpoena’s validity or scope.

Challenging a Subpoena

In some cases, you may have grounds to challenge or modify a subpoena. , common reasons include:

• The subpoena is overly broad or burdensome.
• The requested materials are privileged or confidential.
• Complying would violate your constitutional rights.
• The subpoena was not properly served or issued.

Your attorney can file a motion to quash or modify the subpoena, explaining the legal basis for your objections. , the court will then decide whether to uphold, modify, or cancel the subpoena.