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  1. #1
    Join Date
    Jul 2006
    Posts
    17

    Question Can a Subpoena be Sent Through the Mail

    in the state of california, does a subpoena have to be delivered in person in order to hold one in contempt of court for not appearing?

    in other words, if a subpoena is delivered through the mail, can they hold one in contempt of court for failing to appear since they have not proof it was ever received by the person?

    thank you in advance.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,626

    Default Re: Can a subpoena be sent through the mail?

    What type of subpoena? For service upon a party or nonparty to the litigation?

  3. #3
    Join Date
    Jul 2006
    Location
    Northern California
    Posts
    252

    Default Re: Can a subpoena be sent through the mail?

    Quote Quoting naomi1980
    in the state of california, does a subpoena have to be delivered in person in order to hold one in contempt of court for not appearing?

    in other words, if a subpoena is delivered through the mail, can they hold one in contempt of court for failing to appear since they have not proof it was ever received by the person?

    thank you in advance.

    How did you receive it by mail? Was it regular, First Class mail, or was it Certified Return Receipt?

  4. #4
    Join Date
    Jul 2006
    Location
    Northern California
    Posts
    252

    Default Re: Can a subpoena be sent through the mail?

    Since I don't see you being on the forums, the general rule in California is that personal service is required, not service by mail. However, there is also authority interpreting "delivering" to allow service by Certified Mail on the rationale that if the Rule drafters meant to require personal service they would have said so. So, service of a Subpoena must be made in a manner that reasonably insures actual receipt of the subpoena by the witness, and that would be by Certified Mail.

  5. #5
    Join Date
    Jul 2006
    Posts
    17

    Default Re: Can a subpoena be sent through the mail?

    Thank you for your replies. The paper is marked: subpoena - criminal. I am the "victim" and only witness in this domestic violence case.

    It was not signed for. There is no sticker, or anything that states it is certified mail or first class mail. It came in the mail, post marked directly from the "City Procecuting Attourney".

    On another note: do I have to bring a copy of a restraining order in order to have it lifted, or will they already have it on file if I provide them with the case number?

  6. #6
    Join Date
    Jul 2006
    Posts
    20

    Default Re: Can a subpoena be sent through the mail?

    Quote Quoting naomi1980
    Thank you for your replies. The paper is marked: subpoena - criminal. I am the "victim" and only witness in this domestic violence case.

    It was not signed for. There is no sticker, or anything that states it is certified mail or first class mail. It came in the mail, post marked directly from the "City Procecuting Attourney".

    On another note: do I have to bring a copy of a restraining order in order to have it lifted, or will they already have it on file if I provide them with the case number?
    I live in Ks. and the laws here may be different (I'm sure you can type something in your brower to search for the cali. laws on the subpeona issue) but, my son had recieved on VIA mail, not certified, and it went to the wrong address, and he then had a traffic violation, and that's when he found out they had a bench warrant out for failure to appear on a subponea. As far as the restraining order goes, they keep them on file in every courthouse, but it wouldn't hurt to take the copy you have, if you have it.

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