Wrong Name on Subpoena

[Julio Guerrera]

My question involves criminal law for the state of: OH

My question is relatively simple -what if the name of the person who has been served with a subpoena is misspelled? Is the person, as he or she was never technically commanded to appear in court, able to not appear without any repercussions? This is in regards to a federal case, although the court itself will be held in Ohio (and the subpoena was issued by said Ohioan court).

[M'sta Mikey]

Typo's are a common occurance, especially when it comes to names. However, if this is you (Jane Doe as compared to Jame Donor), it would be wise NOT to ignore it.

Secondly, you should bring this to the attention of your attorney, like last week!

[Julio Guerrera]

Typo's are a common occurance, especially when it comes to names. However, if this is you (Jane Doe as compared to Jame Donor), it would be wise NOT to ignore it.

Secondly, you should bring this to the attention of your attorney, like last week!

As I'm solely being asked to appear as a witness, I don't currently have an attorney. Is there anybody else who may be able to help me here, or whose attention I should get regarding this matter? (besides, I assume, the obvious - which would be the issuing court/judge).

[M'sta Mikey]

Help you with what? What is it you're trying to accomplish - avoiding a subpoena?

[Julio Guerrera]

Help you with what? What is it you're trying to accomplish - avoiding a subpoena?

Yes, as improbable as that sounds.

[jk]

can you give an example that would show the difference without using your real name or the actual name on the sub?

how was it delivered to you?

[Julio Guerrera]

can you give an example that would show the difference without using your real name or the actual name on the sub?

how was it delivered to you?

Say, for example, instead of "Gomez", the subpoena reads "Gomes". Or instead of "Cornette", it's "Cornet". Etc. Also, I'm listed on it as a Jr., despite the fact that I have never used such a title on any paper, and it is not legally a part of my name - I have a middle name which differentiates me from my parent.

It was delivered to my parents (who are likewise named as recipients, but are not required to provide a testimony), although this is probably due to the fact that this particular case was initiated while I was still a minor. Their names are misspelled in the same fashion as mine is.

[jk]

I believe you are fighting a losing battle. If service to your parents is proper and acceptable, they accepted service intended for you regardless of the misspellings.

If you fail to show, there will be a warrant issued for your arrest and it will most likely have the name misspelled as well but that will not stop the police from arresting you. When in court and asked if you received the subpoena your parents accepted in your name, what will you say?. You surely cannot argue you did not think it was you. If the name was nothing similar, you could make that argument but in this situation, it is obvious the subpoena was intended for you.

[BOR]

Is this a civil or criminal case? A lawsuit? I need a clarification here?


Whoever was sued is issued a summons attached to the complaint, IF it is a civil suit.

I have never heard of a subpoena command for a civil suit answer. SB's are issued to compel testimony.

Can you be more clear here?

What you argue, in the law, is known as a MISNOMER.

I will assume it is a federal civil suit.

(e) Contempt.

The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena. A nonparty's failure to obey must be excused if the subpoena purports to require the nonparty to attend or produce at a place outside the limits of Rule 45(c)(3)(A)(ii).



http://www.law.cornell.edu/rules/frcp/Rule45.htm


If service was made and accepted, IF you ignore such and use a Misnomer as a legal justification to ignore the subpoena, expect repercussions.

Rule 4 calls for a SUMMONS to be issued with a complaint, so I am assuming those named in the subpoena's are merely witnesses?

Bottom line, whatever the action is, once you have the document in hand, you had better respond in some way, that is, show up, file a Motion to quash the subpeona due to a misnomer, etc.

I could not as of yet find anything specific in the Criminal Rules or the Dictionary Act (rules of construction) Title 1, chapter 1, concerning a misnomer or clerical error, but there is somewhere out there, either statutorily or by case law.

[jk]

BOR, you must be tired. You typically do not miss things like this:

As I'm solely being asked to appear as a witness,

I saw no clarification as to civil or criminal.